117 N.Y.S. 578 | N.Y. App. Div. | 1909
The complaint.sets forth three causes of action. Under the first, plaintiff seeks to recover $556.16, which he claims that he is entitled to receive in addition to the regular salary previously paid' to him as a teacher in the public schools. The basis of this claim for additional compensation is that he acted as senior teacher in charge of a school between' July 16, 1900, and June 28, 1906. Under the second and third causes of action he seeks to recover the sums of ' $443.59 and $543.61, respectively, as assignee of Etta J. Bussell and Gertrude M. Traphagen, whose claims are similar in character. It is not disputed that the plaintiff did act as senior teacher in charge of Public School No. 38 in Bosedale in the borough of Queens for a portion of the time for which the claim is made, and as such teacher in Public School No. 48 for the balance thereof, or that Etta J. Bussell and Gertrude M. Traphagen so acted, the former at Public School No. 63 at Woodhaveip and the latter succeeding the plaintiff at Public School No. 38 at Bosedale.. The plaintiff and each of his. assignors held certificates or licenses permitting them to act as teachers of the highest grade in the schools where they were employed, and it was admitted that their work had been satisfactorily performed. The word “ senior ” as applied to a teacher does not relate to age or period of service, but to certain particular duties which such teacher was called upon to
Hirsohberg, P. J., Woodward, Rich and Miller, JJ., concurred.
Judgment and order reversed and new trial granted, costs to abide the event.