Legal Opinion

Caldwell v. City of New York

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

Decided December 29, 1911Published

Appeal by the defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 25th day of November, 1910, ¡upon the verdict of a jury, and also from an order entered ini said clerk’s office on the same day,- as resettled by an order entered therein on the-19th day of December, 1910, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Ingraham, P. J.:

The plaintiff was an honorably discharged soldier, and prior to September 24, 1906, was employed in the department of docks, his wages being two dollars a day. He resigned such employment on September 24, 1906. Under the municipal civil service rules he was entitled to be reappointed any time within one year. On September 23, 1907, he applied to the president of the borough of The Bronx for employment and was told he would be employed if he would give a blank resignation so that if his services were not longer required it could be used. As plaintiff was a veteran he- could not…

2Cases cited1 opinion

  1. Shane v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1909

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