Cox v. McElligott

This application is for summary judgment made by defendant to dismiss the complaint. Plaintiff, a former fireman, was retired November 1, 1926, and awarded, a pension of $1,250 per annum pursuant to the provisions of section 70 of the Greater New York Charter. In 1932 he was appointed fireman at Hudson River State Hospital, a State institution, at a salary of $1,500, with maintenance. This position he still holds. Immediately upon his appointment to the State position, his pension was suspended by operation of section 1560 of the charter and has not been paid since that date. He now sues to…