HADDEN v. CONSOL. EDISON CO.


34 N.Y.2d 88 (1974)

Gerald R. Hadden, Respondent, v. Consolidated Edison Company of New York, Inc., Appellant.

Court of Appeals of the State of New York.

Decided May 1, 1974.


Attorney(s) appearing for the Case

George J. Wade and Gary W. Sutton for appellant.

Victor J. Herwitz and Oren C. Herwitz for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES and WACHTLER concur; Judge STEVENS taking no part.


RABIN, J.

The issue is whether a pension may be revoked by a private employer when facts are discovered after an employee's retirement which would have been grounds for discharge for cause had they been known during employment, where the pension plan is silent on the point.

The undisputed facts are as follows. Plaintiff-respondent Gerald R. Hadden (Hadden) entered the employ of defendant-appellant Consolidated...

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