Abramson v. City of New York

It is not disputed that beginning with the budget appropriation for July 1, 1937, plaintiffs were entitled to the benefit of the McCarthy Increment Law (Local Laws, 1936, No. 45 of City of New York; Administrative Code, § B4Q-6.0). Defendant contends that payment of voluntary salary increases to plaintiffs constituted prepayment of the annual mandatory increments to them either in part or in whole. There is a real distinction between (1) voluntary increases in salary that could be made or refused in defendant’s discretion at any time; and (2) mandatory salary increases which under the…