New York Court of Appeals, 1980

Cedano v. City of New York

Cedano v. City of New York
New York Court of Appeals · Decided November 11, 1980 · Cooke, Fuchsberg, Gabrielli, Jasen, Jones, Meyer, Wachtler
51 N.Y.2d 896; 415 N.E.2d 978; 434 N.Y.S.2d 990; 1980 N.Y. LEXIS 2893
Cedano v. City of New York

Cases that cite this one

4 later published cases cite this decision.

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Opinion of the Court

OPINION OF THE COURT

Order reversed, without costs, and the case remitted to the Appellate Division, First Department, for exercise of that court’s discretion. In the circumstances present here it was improper for the Appellate Division to decide the issue presented as a matter of law.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg. Judge Meyer taking no part.

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