From Casetext: Smarter Legal Research

Butler v. Surprise

Appellate Division of the Supreme Court of New York, Third Department
May 12, 1937
251 App. Div. 770 (N.Y. App. Div. 1937)

Opinion

May 12, 1937.

Appeal from Supreme Court.

Present — Hill, P.J., Rhodes, McNamee, Crapser and Heffernan, JJ.


The complaint alleges that plaintiff, a school teacher, was engaged by defendant to teach in the public schools of the district in which defendants were trustees for the school term of thirty-eight weeks to begin September 4, 1934. The contract provided that the compensation of plaintiff should be subject to change dependent upon State aid. During the term of the employment State aid was increased approximately thirty-two per cent over the previous year. Plaintiff brought his action to recover the additional sum. The Special Term held that the Supreme Court has jurisdiction of the action. The holding is correct. ( Lorenz v. Board of Education, 264 N.Y. 591; Matter of O'Connor v. Emerson, 196 App. Div. 807.) Order unanimously affirmed, with ten dollars costs and disbursements.


Summaries of

Butler v. Surprise

Appellate Division of the Supreme Court of New York, Third Department
May 12, 1937
251 App. Div. 770 (N.Y. App. Div. 1937)
Case details for

Butler v. Surprise

Case Details

Full title:HARRY O. BUTLER, Respondent, v. WILLIAM SURPRISE and Others, as Trustees…

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

Date published: May 12, 1937

Citations

251 App. Div. 770 (N.Y. App. Div. 1937)