Kunz v. City of New York

This action involves two principal questions: (1) whether these plaintiffs have been illegally deprived of the right of employment for sixty-three days in each of the years involved; (2) whether the plaintiffs, if entitled to recover, have waived that right for a portion of the time involved.

The plaintiffs, regular civil service employees, each with the title of crane engineman, electric, were entitled, pursuant to the Labor Law (§ 220), to be paid the per diem rate of wages prevailing in the same trade in private industry. Although the City of New York employed provisional crane enginemen,…