PBA v. CITY OF NEW YORK


41 N.Y.2d 205 (1976)

Patrolmen's Benevolent Association of the City of New York, Respondent, v. City of New York, Appellant. Louis J. Lefkowitz, as Attorney-General of the State of New York, Intervenor.

Court of Appeals of the State of New York.

Decided December 22, 1976.


Attorney(s) appearing for the Case

W. Bernard Richland, Corporation Counsel (James G. Greilsheimer and L. Kevin Sheridan of counsel), New York City, for appellant.

Frederick R. Livingston, Jay W. Waks and William C. Zifchak, New York City, for respondent.

Louis J. Lefkowitz, Attorney-General (George D. Zuckerman and Samuel A. Hirshowitz of counsel), New York City, for intervenor.

Chief Judge BREITEL and Judges GABRIELLI and JONES concur with Judge WACHTLER; Judges JASEN and COOKE dissent and vote to reverse in separate dissenting opinions; Judge FUCHSBERG taking no part.


WACHTLER, J.

This is an action by the Patrolmen's Benevolent Association of the City of New York, Inc., seeking to enforce an order and judgment requiring the City of New York to pay a 6% salary increase for the 1975-1976 fiscal year. On this appeal the city contends, inter alia, that it is prohibited from paying the increase by the wage freeze legislation adopted by the Legislature in September, 1975...

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