Allen v. City of New York

The plaintiff, a member of the Fire Department of the City of New York, has brought this action to recover the difference between the salary to which he claims to have been entitled as a fourth-grade fireman and the salary that he actually received for the six-month period from October 16, 1941, to April 16,1942.

The defendant’s answer substantially admits the factual allegations of the complaint but sets up an affirmative defense, to wit: That the Board of Estimate of the city had, by resolution, established the position and grade of probationary fireman and fixed the salary at $1,200 per…