Cassella v. City of Schenectady
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtHalpern, J.
This case poses the question of whether one who performed the duties of a position in the classified civil service of a municipality, without having been appointed to the position and without having complied with the Civil Service Law *430and rules, may recover on a quantum meruit basis for the services rendered.
The facts were stipulated by the parties in an agreed statement of facts submitted to the Eeferee to whom the action had been referred for hearing and determination.
On June 14, 1946, the plaintiff was requested to act as fire surgeon by the fire chief of the city of Schenectady, during…
2Cases cited8 opinions
- John E. Rosasco Creameries, Inc. v. CohenNew York Court of Appeals · 1937
- McDonald v. Mayor of New YorkNew York Court of Appeals · 1876
- Seif v. City of Long BeachNew York Court of Appeals · 1941
- Matter of Merriweather v. RobertsNew York Court of Appeals · 1935
- Matter of Miller v. StateNew York Court of Appeals · 1938
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3Cited by10 opinions
- Genesco Entertainment, a Div. of Lymutt v. KochDistrict Court, S.D. New York · 1984
- Lutzken v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1959
- Evans v. City of JohnstownNew York Supreme Court · 1978
- Kelly v. Cohoes Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1967
- Albany Supply & Equipment Co. v. City of CohoesNew York Supreme Court · 1965
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