Cedano v. City of New York

Decision Date11 November 1980
Citation434 N.Y.S.2d 990,51 N.Y.2d 896
Parties, 415 N.E.2d 978 Esteban E. CEDANO, Appellant, v. The CITY OF NEW YORK, Respondent, Consolidated Edison, Defendant.
CourtNew York Court of Appeals Court of Appeals

Order reversed, without costs, and the case remitted to the Appellate Division, First Department, 74 A.D.2d 518, 425 N.Y.S.2d 9, 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 matter of law.

All concur.

MEYER, J., taking no part.

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4 cases
  • DeOlden v. State
    • United States
    • New York Supreme Court — Appellate Division
    • January 31, 1983
    ...System Policemen's & Firemen's Retirement System, 55 N.Y.2d 979, 449 N.Y.S.2d 185, 434 N.E.2d 254; Cedano v. City of New York, 51 N.Y.2d 896, 434 N.Y.S.2d 990, 415 N.E.2d 978; Matter of Beary v. City of Rye, 44 N.Y.2d 398, 406 N.Y.S.2d 9, 377 N.E.2d 453; Matter of Newson v. City of New York......
  • Peterson v. New York City Housing Authority
    • United States
    • New York Supreme Court — Appellate Division
    • February 8, 1993
    ...199; Matter of Katz v. Rockville Centre Union Free School Dist., 131 A.D.2d 574, 516 N.Y.S.2d 289; Cedano v. City of New York, 51 N.Y.2d 896, 434 N.Y.S.2d 990, 415 N.E.2d 978; Kravitz v. County of Rockland, 112 A.D.2d 352, 491 N.Y.S.2d ...
  • Bay Terrace Co-op. Section IV, Inc. v. New York State Employees' Retirement System Policemen's and Firemen's Retirement System
    • United States
    • New York Court of Appeals Court of Appeals
    • February 18, 1982
    ...571, 435 N.Y.S.2d 794, erred in determining the application to file a late claim as a matter of law (cf. Cedano v. City of New York, 51 N.Y.2d 896, 434 N.Y.S.2d 990, 415 N.E.2d 978). Contrary to that court's view, the tender of a reasonable excuse for delay in filing a claim is not a precon......
  • Cedano v. City of New York
    • United States
    • New York Supreme Court — Appellate Division
    • April 7, 1981

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