Legal Opinion

Bookman v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided June 4, 1909Published

Appeal by the plaintiff, Joseph Bookman, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 15th day of December, 1908, upon the'dismissal of the complaint by direction of the court, at the close of the plaintiff’s case, on a trial at the Kings County Trial Terfn.

1Opinion of the Court

Miller, J.:

The plaintiff was employed as a clerk in the office of the commissioner of jurors at an annual salary of $1,500, having general duties to perform which he thus described: “I do the general work of the office, such as picking out jurors, examining jurors, see that they go to the commissioner and be sworn, and do writing, such as sending out notices, whatever there is to be done in the office; open the office, close it, or do anything in there; anything I am asked to do appertaining to the office. I have not any specific duties.” Once a month he took the affidavit of the commissioner…

2Cases cited2 opinions

  1. Merzbach v. Mayor, Aldermen & Commonalty of New YorkNew York Court of Appeals · 1900
  2. Benjamin v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1902

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