McGovern v. Lowery

Appellate Division of the Supreme Court of New York

McGovern v. Lowery

39 A.D.2d 518, 330 N.Y.S.2d 708, 1972 N.Y. App. Div. LEXIS 5020

Appellate Division of the Supreme Court of the State of New York·Decided April 6, 1972·Published·Cited by 10 cases

Opinion

Judgment, Supreme Court, New York County, entered on November 20, 1970, unanimously reversed, on the law, without costs and without disbursements, and the petition dismissed. Where, as here, there is a difference of opinion between doctors as to the cause of petitioner’s disability, respondents’ determination, based upon the advice and recommendation of its Medical Board, cannot be said to be arbitrary and capricious. (Mat[519] ter of Eichler v. MeElligott, 259 App. Div. 151, affd. 283 N. Y. 716; Matter of Tiernan v. Walsh, 268 App. Div. 962, affd. 294 N. Y. 299; Matter of Gratz v. Cavanagh, 18 A D 2d 887.) Concur—Stevens, P. J., McGivem, Nunez, Murphy and Capozzoli, JJ.

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Judgment, Supreme Court, New York County, entered on November 20, 1970, unanimously reversed, on the law, without costs and without disbursements, and the petition dismissed. Where, as here, there is a difference of opinion between doctors as to the cause of petitioner’s disability, respondents’ determination, based upon the advice and recommendation of its Medical Board, cannot be said to be arbitrary and capricious. (Mat[519] ter of Eichler v. MeElligott, 259 App. Div. 151, affd. 283 N. Y. 716; Matter of Tiernan v. Walsh, 268 App. Div. 962, affd. 294 N. Y. 299; Matter of Gratz v. Cavanagh, 18 A D 2d 887.) Concur—Stevens, P. J., McGivem, Nunez, Murphy and Capozzoli, JJ.

McGovern v. Lowery, 39 A.D.2d 518, 330 N.Y.S.2d 708, 1972 N.Y. App. Div. LEXIS 5020 (N.Y. Ct. App. 1972).

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Opinion

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