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ABRAMSON v. CITY OF NEW YORK

278 A.D. 382 (1951)

Martha Abramson et al., Appellants, v. City of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

June 19, 1951.

Attorney(s) appearing for the Case

David A. Savage of counsel (Donald A. Savage with him on the brief; David A. Savage, attorney), for appellants.

Helen R. Cassidy of counsel (Seymour B. Quel with her on the brief; John P. McGrath, Corporation Counsel, attorney), for respondent.

DORE, J. P., COHN, VAN VOORHIS and SHIENTAG, JJ., concur in Per Curiam opinion; CALLAHAN, J., dissents and votes to affirm the judgment, in opinion.

Per Curiam.

It is not disputed that beginning with the budget appropriation for July 1, 1937, plaintiffs were entitled to the benefit of the McCarthy Increment Law (Local Laws, 1936, No. 45 of City of New York; Administrative Code, § B40-6.0). Defendant contends that payment of voluntary salary increases to plaintiffs constituted prepayment of the annual mandatory increments to them either in part or in whole....

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