Van Valkenburgh v. Mayor of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William Van Valkenburgh, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 28th day of March, 1898, upon the dismissal of the complaint by direction of the court after a trial before the court and a jury at the New York Trial Term; also from an order entered in said clerk’s office on the 24th day of March, 1898, denying the plaintiff’s motion for a new trial made upon…
Read the full summary
Appeal by the plaintiff, William Van Valkenburgh, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 28th day of March, 1898, upon the dismissal of the complaint by direction of the court after a trial before the court and a jury at the New York Trial Term; also from an order entered in said clerk’s office on the 24th day of March, 1898, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
O’Brien, J.:
The action was brought to recover salary due the plaintiff as an employee of the park department. At the close of the plaintiff’s opening to the court and the jury, the defendant moved to dismiss the complaint, and the motion was granted, and from the judgment thus entered this appeal is taken.
It appears from the opening and the pleadings that prior to September 1, 1892, the plaintiff for many years had been employed as property clerk in the park department, receiving at one time over $3,000 a year, and that the nature of his employment was prescribed by the by-laws of the board,…
2Cases cited9 opinions
- People Ex Rel. Sims v. Board of Fire CommissionersNew York Court of Appeals · 1878
- Nichols v. . MacLeanNew York Court of Appeals · 1886
- People, Ex Rel. Keech v. . ThompsonNew York Court of Appeals · 1884
- People Ex Rel. Munday v. Board of Fire CommissionersNew York Court of Appeals · 1878
- People Ex Rel. Cook v. Board of Police of the Metropolitan Police DistrictNew York Court of Appeals · 1868
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Sinicropi v. BennettAppellate Division of the Supreme Court of the State of New York · 1983
- Piro v. BowenAppellate Division of the Supreme Court of the State of New York · 1980
- Jones v. . City of BuffaloNew York Court of Appeals · 1904
- Lindquist v. City of JamestownNew York Supreme Court · 1948
- Phinn v. KrossNew York Supreme Court · 1960
8 more not listed; retrieve them via the Exa API.