Driesbach v. City of New York

Judgment unanimously affirmed, with costs. In addition to the other elements in this record supporting the judgment, the city was given an opportunity of showing, if it could, that employees compensated on an annual basis entitled to prevailing rate of pay had not received a cost of living adjustment during the period in question, but it failed to do so. Concur — Peck, P. J., Callahan, Breitel, Bastow and Rabin, JJ. [See post, p. 845.]