SMITH v. CITY OF NEW YORK


120 Misc.2d 868 (1983)

Ida M. Smith, Respondent, v. City of New York et al., Appellants.

Supreme Court, Appellate Term, First Department.

August 15, 1983


Attorney(s) appearing for the Case

Frederick A. O. Schwarz, Jr., Corporation Counsel (Stephen J. McGrath and Debra A. James of counsel), for appellants. O'Dwyer & Bernstein (Paul O'Dwyer and James Gilroy of counsel), for respondent.

DUDLEY, P. J., and PARNESS, J., concur; SANDIFER, J., dissents in a separate memorandum.


Per Curiam.

Order entered June 23, 1982, modified by granting plaintiff's motion only to the extent of awarding her summary judgment in the sum of $3,002.94 and, as modified, affirmed, without costs.

The facts are not in dispute. The plaintiff, employed in a noncompetitive position, was terminated, without fault on her part, after approximately three and one-half years of city service. At that time, she had to her credit a total of 153 days unused time...

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