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Appellate Terms of the Supreme Court of New York, 1913

Walsh v. City of New York

Walsh v. City of New York
Appellate Terms of the Supreme Court of New York · Decided November 13, 1913
144 N.Y.S. 8 (New York Supplement)

Counsel

ICilroe & Swarts, of New York City, for appellant., Archibald R. Watson, of New York, City (Terence Farley and Clarence L. Barber, both of New York City,' of counsel), for respondent.

Walsh v. City of New York

Opinion of the Court

PER CURIAM.

We think that the case of Ryan v. City of New York, 177 N. Y. 271, 69 N. E. 599, which is binding upon us, precludes the possibility of a recovery in this case. Under the rule laid down in that case, it is clear that the court below was correct in deciding that the acceptance by the plaintiff of his wages for a period of three years was a waiver of any claim he may have had under the statute to recover the per diem increase for that period.

Judgment affirmed, with costs.

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