Cedano v. City of New York

Full title: ESTEBAN E. CEDANO, Appellant, v. CITY OF NEW YORK, Respondent, et al.…

Court: Court of Appeals of the State of New York

Date published: Nov 11, 1980

415 N.E.2d 978 (N.Y. 1980)

415 N.E.2d 978

434 N.Y.S.2d 990

Opinion

Argued October 6, 1980

Decided November 11, 1980

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, DOROTHY E. KENT, J.

J. Irwin Shapiro, Morris J. Eisen and Stephen Kruger for appellant.

Allen G. Schwartz, Corporation Counsel (Bernard Abel and L. Kevin Sheridan of counsel), for respondent.

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.