New York Court of Appeals
Abraham Kranker v. Arthur Levitt, as Comptroller of the…
February 18, 197230 N.Y.2d 574
Summary
The Court of Appeals affirmed the lower court's judgment, holding that the Comptroller's 1957 decision to include cash payments for accumulated vacation credits creates a valid contract and that the retroactive application of subdivision 1 of section 431 of the Retirement and Social Security Law would impair vested contractual rights in violation of section 7 of article V of the New York Constitution. The Court found the statutory amendment could not impair those vested rights. Judge Breitel dissented in part, arguing the invalidation should be limited to rights vested before the statute's effective date. The dissent is noted separately.