Prowler v. City of New York

Full title: JACOB PROWLER, Respondent, v. THE CITY OF NEW YORK, Appellant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: May 1, 1926

216 App. Div. 824 (N.Y. App. Div. 1926)

Opinion

May, 1926.

Appeal from Supreme Court, New York County.

Present — Clarke, P.J., Dowling, Finch, McAvoy and Wagner, JJ.

PER CURIAM:

The compensation to be paid to the plaintiff for the period of time while he was out of employment should be reduced to the sum of $2,080.85, being the amount of full pay, less the amount earned by the plaintiff during his absence from actual duty in the department ( Gutheil v. City of N.Y., 119 App. Div. 20; Sutliffe v. City of N.Y., 132 id. 831.) The judgment appealed from is, therefore, modified by reducing the judgment as entered, including costs, to the sum of $2,172.10, and as so modified affirmed, without costs. Judgment modified by reducing the amount of the judgment as entered to the sum of $2,172.10, and as so modified affirmed, without costs.