Opinion
December 30, 1942.
Present — Carswell, Johnston, Adel and Close, JJ., Lazansky, P.J., not voting. Settle order on notice.
Action to recover the sum of $968.75, representing the difference between the amount actually paid plaintiff by the defendant City of New York for his services as wireman from January 1, 1935, to December 31, 1937, and the amount which should have been paid as determined by the order of the Comptroller, dated November 10, 1939, fixing at nine dollars a day the prevailing rate of wage for city-employed wiremen. Order granting plaintiff's motion for summary judgment and resettled judgment in favor of plaintiff modified on the law and the facts so as to provide that plaintiff's recovery be limited to the period commencing January 7, 1936, and ending December 31, 1937, and that the sum of $968.75 be reduced accordingly. As thus modified, the order and judgment are unanimously affirmed, with ten dollars costs and disbursements to respondent. Order denying defendant's motion for summary judgment affirmed, without costs. No opinion.