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HADDEN v. CON ED CO. OF NY

45 N.Y.2d 466 (1978)

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

Court of Appeals of the State of New York.

Decided October 26, 1978.

Attorney(s) appearing for the Case

James M. Leonard for appellant.

Victor Josiah Herwitz for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.

COOKE, J.

We face the question of whether plaintiff's misrepresentation as exerted upon defendant employer was of such a character as to vitiate a waiver of the latter's right to discharge plaintiff before he retired on a pension.

Plaintiff Hadden, a former vice-president of defendant Consolidated Edison Company of New York, Inc. [Con Edison], instituted this action in which he seeks to recover damages...

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