Downey v. City of New York
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment of the Municipal Court of the city of New York, borough of Manhattan, first district, rendered in favor of the defendant, after a trial by the court.
1Opinion of the CourtGuy, J.
Plaintiff, a telephone operator in the public works department in this city, sues to recover salary at the rate of $750 per annum from May 10 to November 30, 1912, while he was absent, without leave, *436because of illness. Plaintiff suffered from tuberculosis to such an extent that he was unable to do any work from May 1, 1912, and he is still suffering therefrom, and was and still is a patient at the state sanatorium known as Seton Hall at Spuyten Duyvil.
In May, 1912, plaintiff’s wife and physician notified his superior of his condition. He was absent from his work from May 1 to November 30,…
2Cases cited4 opinions
- People ex rel. Grimshaw v. PrendergastNew York Supreme Court · 1909
- People ex rel. Grimshaw v. PrendergastAppellate Division of the Supreme Court of the State of New York · 1909
- Reilly v. City of New YorkCity of New York Municipal Court · 1912
- People Ex Rel. Grimshaw v. . PrendergastNew York Court of Appeals · 1910
3Cited by2 opinions
- Devlin v. City of New YorkCity of New York Municipal Court · 1914
- Trestrail v. Drewes, Pennsylvania Court of Common Pleas, Delaware County1935