Brennan v. City of New York

Edeb, J. (dissenting).

Plaintiff appeals from a judgment dismissing the complaint entered upon an order granting defendant’s motion for summary judgment under rule 113 of the Buies of Civil Practice, upon the ground that the action is lacking in merit, and from an order denying plaintiff’s cross motion for judgment on the pleadings, under rule 112.

Plaintiff is a regular civil service employee in the department of correction of the city of New York. He was a member of the National Guard and was activated with his National Guard unit and inducted into the United States Army on March 10, 1941,…