Legal Opinion

Adams v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided April 25, 2000PublishedCited by 1 opinion

1Opinion of the Court

—Orders, Supreme Court, New York County (Phyllis Gangel-Jacob, J.), both entered on or about September 30, 1998, dismissing the complaints, unanimously reversed, on the law, without costs', the plenary action converted to a CPLR article 78 proceeding, and the matter remanded for further proceedings.

Although pleaded as an action sounding in breach of contract to require the municipal respondent to adjust plaintiffs’ salaries, the relief actually being sought is to compel respondent to discharge a duty in conformity with its personnel policies and procedures. As such, plaintiffs must invoke the…

2Cases cited3 opinions

  1. Hamptons Hospital & Medical Center, Inc. v. MooreNew York Court of Appeals · 1981
  2. Bernstein v. Industrial CommissionerAppellate Division of the Supreme Court of the State of New York · 1977
  3. Bates v. County of SteubenNew York Supreme Court · 1982

3Cited by1 opinion

  1. Donoghue v. New York City Department of EducationAppellate Division of the Supreme Court of the State of New York · 2011

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