Legal Opinion · Dissent

Rizzo v. City of New York

Appellate Terms of the Supreme Court of New York

Decided September 22, 2005Published

1DissentGangel-Jacob, J.

Plaintiff, a retired municipal employee, instituted this small claims action to recover what he variously characterizes as “lagged” or “deferred” wages owed but allegedly not paid to him upon his retirement. The statement in lieu of stenographic transcript does not permit intelligent appellate review of the substantive issues presented in the action, particularly whether plaintiff actually received the postretirement payment specified in the governing collective bargaining agreement, whose terms are only vaguely described in the record before us. Although defendant apparently was prepared to…

2Cases cited2 opinions

  1. Albert v. City of New YorkAppellate Terms of the Supreme Court of New York · 1980
  2. Deneen v. City of New YorkAppellate Terms of the Supreme Court of New York · 1982

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