McLoughlin v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal from an order sustaining defendant’s demurrer to the complaint, and from a judgment entered thereon, dismissing the complaint. Judgment and order affirmed, with costs.
1DissentScott, J.
Plaintiff sues for salary from September 1, 1902, to March 23, 1904, as clerk to the change of grade damage commission. The facts alleged in the complaint present a somewhat unusual case as follows: The change of grade damage commission was created by chapter 537 of the Laws of 1893 for the purpose of passing upon the claims of certain property owners in the twenty-third and twenty-fourth wards of the city of New York who had suffered damage from the change of grades in those wards, and who under existing laws could gain no relief by action. The mayor of the city was authorized to appoint…
2Cases cited4 opinions
- Dannat v. Mayor of New YorkNew York Court of Appeals · 1876
- Davidson v. . Village of White PlainsNew York Court of Appeals · 1910
- People ex rel. Wilson v. KnoxAppellate Division of the Supreme Court of the State of New York · 1899
- Fidelity & Deposit Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905