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Cady v. City of New York

Court of Appeals of the State of New York
Apr 2, 1964
198 N.E.2d 901 (N.Y. 1964)

Opinion

Argued March 26, 1964

Decided April 2, 1964

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, HYMAN KORN, J.

Leo A. Larkin, Corporation Counsel ( Fred Iscol and Seymour B. Quel of counsel), for appellant.

Robert Polstein and Stephen A. Wareck for respondent.


Order affirmed, with costs, in the following memorandum: For the reasons stated by the Appellate Division ( 19 A.D.2d 822) we agree that, in a wrongful death action brought by a fireman's administratrix against the city, payments received or to be received from the City's Pension Fund may not be applied in mitigation of damages (see Eichel v. New York Cent. R.R. Co., 375 U.S. 253). Question certified answered in the affirmative.

Concur: Chief Judge DESMOND and Judges DYE, VAN VOORHIS, BURKE, SCILEPPI and BERGAN. Taking no part: Judge FULD.


Summaries of

Cady v. City of New York

Court of Appeals of the State of New York
Apr 2, 1964
198 N.E.2d 901 (N.Y. 1964)
Case details for

Cady v. City of New York

Case Details

Full title:CATHERINE CADY, as Administratrix of the Estate of PAUL R. CADY, Deceased…

Court:Court of Appeals of the State of New York

Date published: Apr 2, 1964

Citations

198 N.E.2d 901 (N.Y. 1964)
198 N.E.2d 901
249 N.Y.S.2d 868

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