Legal Opinion

Shane v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided December 30, 1909PublishedCited by 3 opinions

Appeal by the defendant^ Thé City of Hew York, from- an order ■ of the Appellate Term of the Supreme Court, entered in the office of theclerk of- the. county of Hew York .on thelth day of May, 1909, reversing a judgment of the Municipal Court of the borough of Manhattan in favor of the defendant,, entered on the 12th day of December, 1908, and directing judgment for the- .plaintiff;', and also¡ from the judgment entered in the office of the clerk of the,said Municipal Court…

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Appeal by the defendant^ Thé City of Hew York, from- an order ■ of the Appellate Term of the Supreme Court, entered in the office of theclerk of- the. county of Hew York .on thelth day of May, 1909, reversing a judgment of the Municipal Court of the borough of Manhattan in favor of the defendant,, entered on the 12th day of December, 1908, and directing judgment for the- .plaintiff;', and also¡ from the judgment entered in the office of the clerk of the,said Municipal Court on the 14th day of May, 1909, pursuant to said order of the Appellate Term.

1Opinion of the Court

McLaughlin, J.:

The plaintiff was employed as transitman and computer in the office of the president of the borough of Richmond, who, on the 14tli of February, 1908, notified him that on and after the first of March he would be “ laid off ” because of “ Lack of Appropriation.” About the first of March the plaintiff received two communications from the president, dated February twenty-ninth, one rescinding the former action “laying you off” for lack of appropriation, and the other “ laying you off ” from March first for “ Lack of Work.” On the sixteenth of June following he was appointed…

2Cases cited6 opinions

  1. People Ex Rel. Corrigan v. . the Mayor, Etc.New York Court of Appeals · 1896
  2. Sutliffe v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1909
  3. People ex rel. Vineing v. HayesAppellate Division of the Supreme Court of the State of New York · 1909
  4. People ex rel. Levenson v. WellsAppellate Division of the Supreme Court of the State of New York · 1903
  5. People ex rel. Bean v. ClausenAppellate Division of the Supreme Court of the State of New York · 1900

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3Cited by3 opinions

  1. Caldwell v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1911
  2. Mary Lincoln Candies, Inc. v. Department of LaborNew York Court of Appeals · 1942
  3. Wolkstein v. Beth Israel Medical CenterCivil Court of the City of New York · 1980

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