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Cross v. City of New York

123 A.D. 917 Court First Department, English

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p. 917
First Department,
January, 1908.
Adam A. Cross, Appellant, v. The City of New York, Respondent.

Headnote

Municipal corporation — salary recoverable from date of order of reinstatement as inspector of police.
Appeal frorn^a judgment of the Supreme Court, entered in the New York county clerk’s office on the 25th day of July, 1907, after a trial at Trial Term without a jury.

The judgment must be modified by increasing the amount for which judgment was rendered, by the salary attached to the position of inspector of police from Hovember 11, 1904, the daté of the order by which plaintiff was reinstated, to December 22, 1904, the date on which he resumed his duties as inspector (McVeany v. Mayor, 80 N. Y. 185 ), and as so modified it will be affirmed, without costs. (Grant v. City of New York, 111 App. Div. 160 .) Present — Patterson, P. J., Ingraham, Laughlin, Clarke and Scott, JJ. Judgment- modified as directed in opinion, and as modified affirmed, without costs. Settle order on notice.

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