Lyons v. City of Syracuse
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Patrick H. Lyons; from a judgment of the County Court of Onondaga county in favor of the defendant, entered in the office of the clerk of the county of Onondaga on the 24th day of August, 1903, reversing a judgment of the Municipal Court of the city of Syracuse in favor of the plaintiff for $298.19 damages and costs, and directing that a new trial be had in said Municipal Court, with "costs to abide event.
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Appeal by the plaintiff, Patrick H. Lyons; from a judgment of the County Court of Onondaga county in favor of the defendant, entered in the office of the clerk of the county of Onondaga on the 24th day of August, 1903, reversing a judgment of the Municipal Court of the city of Syracuse in favor of the plaintiff for $298.19 damages and costs, and directing that a new trial be had in said Municipal Court, with "costs to abide event. The action was commenced in the Municipal Court of the city of Syracuse on the 31st day of December, 1902, to recover an alleged balance of salary claimed to be due…
1Opinion of the Court
McLennan, P. J.:
The only question of fact litigated in the Municipal Court was whether or not the plaintiff was laid off or discharged in'November, 1900, and also in November, 1901. It is practically conceded that the defendant had the right and power to so lay off or discharge if it saw" fit. So that, as suggested, the only issue tried was, Did the defendant discharge the plaintiff from its employ ? We cannot assent to the proposition that the' evidence was of such a character as to justify the County Court in setting aside the verdict of the Municipal Cotirt because contrary to or against…
2Cases cited4 opinions
- Reining v. . City of Buffalo, Etc.New York Court of Appeals · 1886
- Curry v. . City of BuffaloNew York Court of Appeals · 1892
- Murtagh v. DempseyAppellate Division of the Supreme Court of the State of New York · 1903
- Olmstead v. Town of Pound RidgeNew York Supreme Court · 1893
3Cited by1 opinion
- Corico v. SmithNew York Supreme Court · 1916