McAvoy v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Thomas McAvoy, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered, in the office of the clerk of the county of New York on the 14th day of April, 1900, upon the' decision of the court, rendered after atrial at the New York Special Term, sustaining the defendant’s-demurrer to the amended complaint.
1Opinion of the Court
Rumsey, J. :
The action was brought to recover a sum of money which the plaintiff claims to be entitled to under what, is known as the Prevailing Rate of Wages Act. He alleges that he was employed by the city of New York as a rammer on the streets of that city, for which work he received three dollars a day, while the prevailing rate during that time for other laborers in New York was three dollars and fifty cents a day, and he asks to recover fifty cents -a •day for the time he was so employed. The demurrer was upon the ground that the complaint does not state facts sufficient to constitute a…
2Cases cited2 opinions
- People, Ex Rel. Wood v. . LacombeNew York Court of Appeals · 1885
- Davis v. . DavisNew York Court of Appeals · 1878
3Cited by17 opinions
- Matter of Gaston v. TaylorNew York Court of Appeals · 1937
- Wood v. City of New YorkNew York Court of Appeals · 1937
- Yerry v. GoodsellAppellate Division of the Supreme Court of the State of New York · 1957
- Sciaballa v. Illinois Surety Co.Appellate Division of the Supreme Court of the State of New York · 1915
- United States Condensed Milk Co. v. SmithAppellate Division of the Supreme Court of the State of New York · 1906
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