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The administratrix of Albert Lombardi's estate sought recovery from the City of New York for her deceased husband's earned, unused, and unpaid terminal leave, annual leave, and overtime service. Both parties moved for summary judgment. The court denied the claim for unused annual leave, finding no agreement authorizing cash payments for it. However, the court granted the claim for overtime compensation earned on and after January 1, 1971, based on a comptroller's determination explicitly providing for cash payment. Additionally, the court granted the claim for terminal leave allowance, deeming it an earned benefit payable in cash. The case will proceed to an assessment of damages.
Lombardi v. City of New York is a workers' compensation case decided in New York Supreme Court. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in New York Supreme Court.
Full Decision Text1 Pages
The administratrix of Albert Lombardi's estate sought recovery from the City of New York for her deceased husband's earned, unused, and unpaid terminal leave, annual leave, and overtime service. Both parties moved for summary judgment. The court denied the claim for unused annual leave, finding no agreement authorizing cash payments for it. However, the court granted the claim for overtime compensation earned on and after January 1, 1971, based on a comptroller's determination explicitly providing for cash payment. Additionally, the court granted the claim for terminal leave allowance, deeming it an earned benefit payable in cash. The case will proceed to an assessment of damages.
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