Leidman v. Bingham

The Trial Term’s determination of the issue of laches remanded to it as an issue of fact by the order of this court on the prior appeal herein (277 App. Div. 34, appeal dismissed 302 N. Y. 675) is supported by the evidence and should not be disturbed.

The dissents on that prior appeal were only in part; namely, to remand for trial, in addition to the issue of laches, issues relating to the facts under which the employee failed to sign under protest. Accordingly, on that appeal, this court unanimously held that petitioner herein is one for whose benefit section 245 of the Military Law was…