Hart v. City of New York

Motions numbered 59 and 60 are consolidated for the purpose of this disposition. The question for determination is whether a city employee who resigned pursuant to agreement is entitled to retroactive salary increases.

The plaintiff cross-moves for summary judgment and the defendant City óf New York moves to dismiss the complaint.

During a disciplinary proceeding on April 13,1970 the defendant City of New York stipulated to withdraw charges and to refrain from pressing criminal Charges on condition that the plaintiff resign his employment with the city as a Senior Air Pollution Inspector. Since…