Dodge v. City of New York
| Decision Date | 13 April 1938 |
| Parties | DODGE v. CITY OF NEW YORK. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Action by William Copeland Dodge against the City of New York to obtain balance of statutory salary allegedly due, notwithstanding that city had reduced district attorney's salary, submitted on agreed statement of facts. From a judgment of the Appellate Division, First Department, 252 App.Div. 631, 300 N.Y.S. 726, for plaintiff, defendant appeals, motion for leave to appeal having been denied, 253 App.Div. 797, 1 N.Y.S.2d 1014.
Reversed and complaint dismissed. Appeal from Supreme Court, Appellate Division, First department.
William C. Chanler, Corp. Counsel, of New York City (Oren Clive Herwitz, Paxton Blair, and Robert H. Schaffer, all of New York City, of counsel), for appellant.
Matthew G. Saltzman, of New York City, for respondent.
In the submission of controversy the parties stipulated that ‘plaintiff did not write upon his payroll receipts for the period from January 1, 1934 to June 30, 1937 that the amount received by him was received under protest.’ Under the provisions of section 149 of the Charter of the City of New York, Laws 1901, c. 466, Laws 1933, Ex.Sess., c. 829, § 2, there can be no recovery upon any further claim for salary. See opinion in Quayle v. City of New York, 278 N.Y. 19, 14 N.E.2d 835, decided herewith. We do not pass upon any other question.
The judgment should be reversed and the complaint dismissed, without costs.
Judgment reversed, etc.
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Quayle v. City of New York
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