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LEIDMAN v. BINGHAM

306 N.Y. 663 (1953)

In the Matter of John Leidman, on Behalf of Himself and All Other Employees Similarly Situated, Respondent, v. Sidney H. Bingham et al., Constituting The Board of Transportation of the City of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided December 3, 1953

Attorney(s) appearing for the Case

Denis M. Hurley, Corporation Counsel (Henry J. Shields and Seymour B. Quel of counsel), for appellants.

Charles Belous, Norman L. Adolf, Irving Lemov and Stanley E. Springer for respondent.

LEWIS, Ch. J., CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ., concur; VAN VOORHIS, J., taking no part.

Per Curiam.

It is undisputed that petitioner failed to sign "under protest" the payrolls as well as the checks issued thereon for the period in question. Accordingly, section 93c-2.0 of the Administrative Code of the City of New York prevents his recovery on any further claim for wages and salary during the period of his active military duty. Neither the State Soldiers' and Sailors' Civil Relief Act (Military Law, ...

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