| N.Y. App. Term. | Nov 13, 1913
We think that the case of Ryan v. City of New York, 177 N. Y. 271, 69 N. E. 599, which is binding upon us, precludes the possibility of a recovery in this case. Under the rule laid down in that case, it is clear that the court below was correct in deciding that the acceptance by the plaintiff of his wages for a period of three years was a waiver of any claim he may have had under the statute to recover the per diem increase for that period.
Judgment affirmed, with costs.