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

Summary

The New York Court of Appeals reversed the Appellate Division’s summary‑judgment order reinstating Gerald R. Hadden’s pension and remanded for further proceedings. The court held that the pension plan does not authorize termination of benefits after retirement and that Hadden’s misconduct does not constitute a failure of consideration. The remaining issue is whether Con Edison’s waiver of its right to discharge Hadden was fraudulently induced, which requires a jury trial.