Legal Opinion

La Chicotte v. City of New York

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

Decided February 5, 1915PublishedCited by 7 opinions

Appeal by the defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 23d day of January, 1914, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 30th day of January, 1914, denying defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Soott, J.:

Plaintiff was appointed principal assistant engineer in the department of bridges of the city of New York on February 1, 1903. The salary attached to the position at that time was $4,500 per annum, and plaintiff was paid at that rate until December 1, 1903, after which date he was paid at the rate of $6,000 per annum. On December 31, 1904, plaintiff was separated from the department on the announced ground of lack of work. He sued out a writ of mandamus to compel his reinstatement, and after some litigation was reinstated on April 8, 1907. He was offered his original salary of…

2Cases cited4 opinions

  1. Nay v. . CurleyNew York Court of Appeals · 1889
  2. Trustees of Exempt Firemen's Benevolent Fund v. RoomeNew York Court of Appeals · 1883
  3. Ware Bros. v. Cortland Cart & Carriage Co.New York Court of Appeals · 1913
  4. Allen v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907

3Cited by7 opinions

  1. Kelly v. Chicago Park DistrictIllinois Supreme Court · 1951
  2. Spurck v. Civil Service BoardSupreme Court of Minnesota · 1950
  3. Corfman v. McDevittSupreme Court of Colorado · 1943
  4. State Ex Rel. Nagle v. PageMontana Supreme Court · 1934
  5. New York Water Service Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1957

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