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CASSELLA v. CITY OF SCHENECTADY

281 A.D. 428 (1953)

Peter A. Cassella, Appellant, v. City of Schenectady, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 12, 1953.

Attorney(s) appearing for the Case

Alexander Grasso for appellant.

Charles Ward Brown, Corporation Counsel (Walter C. Shaw of counsel), for respondent.

FOSTER, P. J., BERGAN, COON and IMRIE, JJ., concur.

HALPERN, J.

This case poses the question of whether one who performed the duties of a position in the classified civil service of a municipality, without having been appointed to the position and without having complied with the Civil Service Law and rules, may recover on a quantum meruit basis for the services rendered.

The facts were stipulated by the...

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