Legal Opinion

DuBoff v. City of New York

Civil Court of the City of New York

Decided December 17, 1974Published

1Opinion of the CourtBurton S. Sherman, J.

The plaintiff in this nonjury action seeks as damages a salary increase which he alleges was awarded to him when he was an Assistant District Attorney but never paid before his resignation from .office. ¡Since the relationship between the parties was contractual, the question for consideration is, did the parties create a new employment agreement which defendant breached? ¡Such determination will also ¡answer the narrow question as to when retroactive salary increases to city employees in positions similar to plaintiff vest?

Prior to June 20, 1973, plaintiff was advised by the District…

2Cases cited3 opinions

  1. Rosenthal v. WalshCivil Court of the City of New York · 1972
  2. Hart v. City of New YorkCivil Court of the City of New York · 1973
  3. People v. McGoldrickAppellate Division of the Supreme Court of the State of New York · 1939

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