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CEDANO v. CITY OF NEW YORK

51 N.Y.2d 896 (1980)

Esteban E. Cedano, Appellant, v. City of New York, Respondent, et al., Defendant.

Court of Appeals of the State of New York.

Decided November 11, 1980.

Attorney(s) appearing for the Case

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.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG. Judge MEYER taking no part.

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...

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