TOSCANO v. McGOLDRICK


300 N.Y. 156 (1949)

Jane Toscano, as Administratrix of The Estate of Joseph Toscano, Deceased, Appellant, v. Joseph D. McGoldrick, as Comptroller of The City of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided December 29, 1949


Attorney(s) appearing for the Case

Sidney A. Fine for appellant.

John P. McGrath, Corporation Counsel (Seymour B. Quel, Frank A. Piazza and William E. Walsh of counsel), for respondents.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, FULD and BROMLEY, JJ., concur.


DYE, J.

In this action at law for unpaid salary, the city has, so far successfully, challenged plaintiff's right to bring the action on the general ground that the only remedy available for the relief sought is in the nature of mandamus under article 78 of the Civil Practice Act (L. 1937, ch. 526, as amd.) and which would therefore be barred by the four months' Statute of Limitations contained in section 1286...

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