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McGovern v. Lowery

39 A.D.2d 518, 330 N.Y.S.2d 708, 1972 N.Y. App. Div. LEXIS 5020
CourtAppellate Division of the Supreme Court of the State of New York
DecidedApril 6, 1972
StatusPublished
Cited by10 cases

This text of 39 A.D.2d 518 (McGovern v. Lowery) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
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).

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]*519ter 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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Cite This Page — Counsel Stack

Bluebook (online)
39 A.D.2d 518, 330 N.Y.S.2d 708, 1972 N.Y. App. Div. LEXIS 5020, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcgovern-v-lowery-nyappdiv-1972.