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CADY v. CITY OF NEW YORK

14 N.Y.2d 660 (1964)

Catherine Cady, as Administratrix of The Estate of Paul R. Cady, Deceased, Respondent, v. City of New York, Appellant, et al., Defendant.

Court of Appeals of the State of New York.

Decided April 2, 1964.

Attorney(s) appearing for the Case

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

Robert Polstein and Stephen A. Wareck for respondent.

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

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...

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