KUNZ v. CITY OF NEW YORK


286 A.D. 252 (1955)

George J. Kunz et al., Respondents, v. City of New York, Appellant

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

June 28, 1955.


Attorney(s) appearing for the Case

Alfred Weinstein of counsel (Seymour B. Quel with him on the brief; Peter Campbell Brown, Corporation Counsel, attorney), for appellant.

Emil K. Ellis (Jonas Ellis with him on the brief), for respondents.

CALLAHAN, J. P., COHN, BREITEL and BASTOW, JJ., concur.


RABIN, J.

Plaintiffs were and most of them still are employed by the sanitation department of the City of New York as crane enginemen. They were appointed from competitive civil service lists and prior to March 15, 1945, were paid on a per diem basis for 313 days a year at the then prevailing rate of $15 a day. They earned $4,695 annually. On the date mentioned, as a result of instructions from the director of...

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