Montgomery v. Brown

Appellate Division of the Supreme Court of New York

Montgomery v. Brown

178 A.D.2d 247, 577 N.Y.S.2d 58, 1991 N.Y. App. Div. LEXIS 16275

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 12, 1991

StatusPublished

This text of 178 A.D.2d 247 (Montgomery v. Brown) 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

Montgomery v. Brown, 178 A.D.2d 247, 577 N.Y.S.2d 58, 1991 N.Y. App. Div. LEXIS 16275 (N.Y. Ct. App. 1991).

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Opinion

Order and judgment (one paper), Supreme Court, New York County (Eugene L. Nardelli, J.), entered February 15, 1991, which denied petitioner’s application pursuant to CPLR article 78 to annul respondent’s denial of accidental disability retirement, and dismissed the proceeding, unanimously affirmed, without costs.

The officer’s injuries resulted from his having tripped on a curb. This does not constitute a " 'sudden, fortuitous mischance, unexpected, out of the ordinary’ ” (Matter of Lichtenstein v Board of Trustees, 57 NY2d 1010, 1012), and therefore does not qualify as an accidental injury within the line of duty. Concur—Sullivan, J. P., Rosenberger, Wallach, Ross and Smith, JJ.

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Order and judgment (one paper), Supreme Court, New York County (Eugene L. Nardelli, J.), entered February 15, 1991, which denied petitioner’s application pursuant to CPLR article 78 to annul respondent’s denial of accidental disability retirement, and dismissed the proceeding, unanimously affirmed, without costs.

The officer’s injuries resulted from his having tripped on a curb. This does not constitute a " 'sudden, fortuitous mischance, unexpected, out of the ordinary’ ” (Matter of Lichtenstein v Board of Trustees, 57 NY2d 1010, 1012), and therefore does not qualify as an accidental injury within the line of duty. Concur—Sullivan, J. P., Rosenberger, Wallach, Ross and Smith, JJ.

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Bluebook (online)

178 A.D.2d 247, 577 N.Y.S.2d 58, 1991 N.Y. App. Div. LEXIS 16275, Counsel Stack Legal Research, https://law.counselstack.com/opinion/montgomery-v-brown-nyappdiv-1991.

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