Lombardi v. City of New York

The plaintiff is the administratrix of the estate of her deceased husband who at the time of his death was an employee of the City of New York. She seeks recovery for her late husband’s earned, unused and unpaid terminal leave allowance, annual leave and overtime service. She now moves for summary judgment (CPLR 3212) and the defendant cross-moves for similar relief.

It has long been hornbook inequity in the State of New York that, in the absence of a statute, chief fiscal officer’s determination, collective bargaining agreement or other enforceable employment agreement, a municipality or…