New York Court of Appeals, 1986

Pauk v. Board of Trustees

New York Court of Appeals · Decided July 3, 1986

68 N.Y.2d 702; 506 N.Y.S.2d 308; 497 N.E.2d 675; 1986 N.Y. LEXIS 19477

Cases that cite this one

37 later published cases cite this decision. The 24 that cite it most often are listed here.

LaDuke v. Lyons (Appellate Division of the Supreme Court of New York 1998)
Parker v. Blauvelt Volunteer Fire Co. (N.Y. 1999)
Romer v. Board of Trustees of Hobart & William Smith Colleges (District Court, W.D. New York 1994)
Burka v. New York City Transit Authority (2d Cir. 1994)
Feldstein v. New York State Office of Mental Health, Bronx Psychiatric Center (District Court, E.D. New York 1994)
Antonsen v. Ward (2d Cir. 1991)
Antonsen v. Ward ex rel. Police Department (2d Cir. 1991)
Courtemanche v. Enlarged City School District (District Court, S.D. New York 1988)
Metropolitan Taxicab Board of Trade v. New York City Taxi & Limousine Commission (New York Supreme Court 2013)
Gross v. Perales (N.Y. 1988)
Whitfield v. City of New York (2d Cir. 2024)
Williams v. City of Yonkers (Appellate Division of the Supreme Court of New York 2018)
Robles v. New York City Department of Citywide Administrative Services (New York Supreme Court 2014)
Sweeney v. New York City Department of Health & Mental Hygiene (Appellate Division of the Supreme Court of New York 2012)
Ehrlich v. Incorporated Village of Sea Cliff (Appellate Division of the Supreme Court of New York 2012)
Wood v. County of Cortland (New York Supreme Court 2009)
Gill v. New York State Racing and Wagering Board (Appellate Division of the Supreme Court of New York 2008)
Siino v. Department of Education (Appellate Division of the Supreme Court of New York 2007)
Lewis v. City of New York (New York Supreme Court 2007)
Bynoe v. Riverside Church (New York Supreme Court 2006)
Lasky v. City of New York (Appellate Division of the Supreme Court of New York 2001)
Dobkin v. New York University (Appellate Division of the Supreme Court of New York 2000)
Harvard Financial Services, Inc. v. State (Appellate Division of the Supreme Court of New York 1999)
Thomas v. City of New York (Appellate Division of the Supreme Court of New York 1997)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs, for the reasons stated by that court (111 AD2d 17). We add only that, had he prevailed on appeal in the prior article 78 proceeding, plaintiff could have been awarded the loss of salary he is currently seeking, calculated from the date he was no longer employed at Queens College to the date of reinstatement. Under CPLR 7806, the lost salary would have been "incidental to the primary relief sought by petitioner”, i.e., rescission of the letter terminating his employment and an order declaring him to be a tenured member of the Queens *705College faculty (cf. Matter of Schwab v Bowen, 41 NY2d 907, 908 [damages could not be awarded because primary relief of reinstatement was no longer available to which damages would have been incidental]; but cf. also, Davidson V Capuano, 792 F2d 275 [compensatory and punitive damages and attorney’s fees plaintiff is seeking under 42 USC § 3988 cannot be deemed incidental to relief plaintiff was swa^fied in prior article 78 proceeding]). Whether damages are "incidental to the primary relief sought” depends upon the facts of the case (see, Matter of Schwab, supra).

Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander and Hancock, Jr., concur; Judge Titone taking no part.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.