Legal Opinion
O'Brien v. City of Rome
Appellate Division of the Supreme Court of the State of New York
Decided July 2, 1941PublishedCited by 3 opinions
1Opinion of the Court
Order affirmed, without costs. Memorandum: A person who accepts an appointment to a civil service position in a municipality has no vested right which entitles him to maintain an action for breach of contract against the city upon a reduction being properly made in his salary. Upon a motion to dismiss the complaint for failure to state a cause of action bare allegations of wrongdoing based upon undisclosed facts will not support a cause, of action. (Knowles v. City of New York, 176 N. Y. 430; Leonard v. Cammann, 257 App. Div. 387, 390; Matter of Colligan v. Williams, 91 Misc. 128, 130; Gerdes…
2Cases cited4 opinions
- Gerdes v. ReynoldsNew York Court of Appeals · 1939
- Knowles v. . City of New YorkNew York Court of Appeals · 1903
- Colligan v. WilliamsNew York Supreme Court · 1915
- Leonard v. CammannAppellate Division of the Supreme Court of the State of New York · 1939
3Cited by3 opinions
- 609 Holding Corp. v. BurkeNew York Supreme Court · 1952
- Henderson v. GillroyNew York Supreme Court · 1952
- Rozay v. Hegeman Steel Products, Inc.New York Supreme Court · 1962