SPENCER v. CITY OF NEW YORK


207 Misc. 579 (1955)

Martin M. Spencer, Respondent, v. City of New York, Appellant.

Supreme Court, Appellate Term, Second Department.

April 6, 1955.


Attorney(s) appearing for the Case

Peter Campbell Brown, Corporation Counsel (Andrew Bellanca and Seymour B. Quel of counsel), for appellant.

Benjamin M. Zelman for respondent.

HART and DI GIOVANNA, JJ., concur.


PETTE, J.

Plaintiff brought this action to recover the difference between his military pay while he was in the Army and the pay which he would have received had he remained at home in his civilian position as a social investigator for the department of welfare. Defendant has paid to the plaintiff the difference between his Army pay and the salary he was receiving at the time he was ordered into active duty, but...

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