Ryan v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by Pierce Ryan against the city of New York to recover the difference between the amount paid for services as an employé in the department of public works and the amount he would have received had he been paid the prevailing rate of wages. From an interlocutory judgment sustaining a demurrer to the complaint, plaintiff appeals. Affirmed.
1Opinion of the CourtMcLAUGHLIN, J.
The real question presented on this appeal is whether paragraph 3 of the “Labor Law,” so called (chapter 415, Laws 1897, as amended by chapters 192, 567, Laws 1899), is constitutional ; and this question, I do not think, is an open one for consideration in this court. The court of appeals, in People ex rel. Rodgers v. Coler, 166 N. Y. 1, 59 N. E. 716, declared that this *600statute was unconstitutional, and that settled once for all that question. It is, however, suggested that that decision is not binding upon this court, inasmuch as it was not necessary to the determination of the question…
2Cases cited5 opinions
- People Ex Rel. Rodgers v. . ColerNew York Court of Appeals · 1901
- People Ex Rel. North v. . FeatherstonhaughNew York Court of Appeals · 1902
- People Ex Rel. Treat v. . ColerNew York Court of Appeals · 1901
- People Ex Rel. Lentilhon v. . ColerNew York Court of Appeals · 1901
- Meyers v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by2 opinions
- Vigliotti v. CampanoSupreme Court of Connecticut · 1926
- Union School District of Keene v. Commissioner of LaborSupreme Court of New Hampshire · 1961