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BRANDT v. CITY OF NEW YORK

86 A.D.2d 574 (1982)

William J. Brandt et al., Respondents, v. City of New York et al., Appellants, and Michael Merola, Respondent, et al., Defendant. (And Another Proceeding.)

Appellate Division of the Supreme Court of the State of New York, First Department.

January 26, 1982

Except for its attempt to preserve for possible future review in the Court of Appeals the issue of whether a police pension may be applied in mitigation of damages, an issue we are precluded from reviewing by the Court of Appeals holding that it may not (see Cady v City of New York, 14 N.Y.2d 660, 662; Poniatowski v City of New York, 14 N.Y.2d 76, 81, n 1), the city does not challenge the...

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