LOMBARDI v. CITY OF NEW YORK


46 A.D.2d 750 (1974)

Julia Lombardi, as Administratrix of The Estate of Albert Lombardi, Deceased, Appellant-Respondent, v. City of New York, Respondent-Appellant

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

November 12, 1974


In her first cause of action plaintiff seeks to recover the cash equivalent of the terminal leave allowance to which her deceased husband would have been entitled had he retired on September 10, 1972. Unfortunately, he passed away on September 11, 1972, while still in the employ of the City of New York. Plaintiff has established neither a contractual nor a statutory right to the relief which she seeks in her first cause of action. The "death gamble" provision (Administrative...

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