Kennedy v. . the Mayor
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas, in and for the city and county of New York, in favor of plaintiff entered upon a case submitted under section 1279 of the Code of Civil Procedure.
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Appeal from judgment of the General Term of the Court of Common Pleas, in and for the city and county of New York, in favor of plaintiff entered upon a case submitted under section 1279 of the Code of Civil Procedure. The facts stated were, in substance, as follows : In April, 1877, plaintiff was appointed by the commissioner of public works, in the city of New York, janitor of a public building in said city, occupied by the police court of the second district, and by the civil or district court of the third district. There wore at that time twelve buildings occupied by the police and…
1Opinion of the CourtRapallo, J.
We concur in the opinion of Beach, J., at General Term in so far as it holds that the commissioner of public works, being charged with the care of public buildings, has power to employ janitors to take charge of the buildings in which the police and district courts are located, and that the duties of such janitors are confined to the care of the building and are essentially different from those of court attendants.
We are also of opinion that the appropriation out of which the plaintiff claims to be paid his salary, is in form sufficient to authorize such payment, except for the condition…
2Cases cited1 opinion
- Wood v. . SquiresNew York Court of Appeals · 1875
3Cited by6 opinions
- Ransom v. City of BostonMassachusetts Supreme Judicial Court · 1906
- Rowland v. HayesSupreme Court of Connecticut · 1938
- Fonda, Johnstown & Gloversville Railroad v. New York Trust Co.Appellate Division of the Supreme Court of the State of New York · 1931
- Justino v. FassiAppellate Division of the Supreme Court of the State of New York · 1962
- Davin v. DavinAppellate Division of the Supreme Court of the State of New York · 1905
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