McKibbin v. City of New York

Action by a cement mason employed by the City of Hew York to recover, for a designated period, the difference between salary paid to him and the prevailing rate of wages as determined by the Comptroller of the City of Hew York. During the period in question, plaintiff made no notation upon the official payrolls of the defendant to the effect that his salary payments were received under protest, except for a period aggregating 239% days. Order, insofar as appealed from, granting motion of plaintiff for summary judgment to the extent of the sum of $296, and granting the cross motion of…