McNulty v. . City of New York

The plaintiff was appointed on May 1st, 1919, to the position of wireman in the fire alarm telegraph bureau. The compensation to be paid to the holder of this position was included in the budget for the year 1921 and fixed by resolution of the board of estimate and apportionment at the “ rate per annum ” of $1,823. He has been paid compensation at this rate from January 1st, 1921, to September 15th, 1921, but he signed the semi-monthly payroll under protest and claimed that under the Labor Law he was entitled to wages for each day’s work at the prevailing rate for a day’s work in the same…