New York Court of Appeals, 1964

Cady v. City of New York

New York Court of Appeals · Decided April 2, 1964

14 N.Y.2d 660; 198 N.E.2d 901; 249 N.Y.S.2d 868; 1964 N.Y. LEXIS 1229

Cases that cite this one

3 later published cases cite this decision.

Morgan v. District of Columbia (D.C. 1982)
Terranova v. New York City Transit Authority (New York Supreme Court 2005)
Brandt v. City of New York (Appellate Division of the Supreme Court of New York 1982)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

*662Order affirmed, with costs, in the following memorandum: For the reasons stated hy 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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.