Wallen v. Safir

Appellate Division of the Supreme Court of New York

Wallen v. Safir

261 A.D.2d 183, 689 N.Y.S.2d 392, 1999 N.Y. App. Div. LEXIS 5263

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

DecidedMay 11, 1999

StatusPublished

This text of 261 A.D.2d 183 (Wallen v. Safir) 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

Wallen v. Safir, 261 A.D.2d 183, 689 N.Y.S.2d 392, 1999 N.Y. App. Div. LEXIS 5263 (N.Y. Ct. App. 1999).

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Opinion

—Order, Supreme Court, New York County (Diane Lebedeff, J.), entered December 16, 1997, which denied petitioner’s CPLR article 78 application to annul respondents’ denial of his application for accident dis[184]*184ability retirement benefits, unanimously affirmed, without costs.

The application was properly denied on the ground that petitioner, whose disabling line-of-duty ankle injury was sustained when he tripped over a raised plank of plywood covering part of a precinct house stairway landing, failed to show that his injury was the result of an accident, i.e., a sudden and unexpected event (see, Matter of Starnella v Bratton, 92 NY2d 836, 839). Concur — Sullivan, J. P., Williams, Wallach, Rubin and Mazzarelli, JJ.

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—Order, Supreme Court, New York County (Diane Lebedeff, J.), entered December 16, 1997, which denied petitioner’s CPLR article 78 application to annul respondents’ denial of his application for accident dis[184]*184ability retirement benefits, unanimously affirmed, without costs.

The application was properly denied on the ground that petitioner, whose disabling line-of-duty ankle injury was sustained when he tripped over a raised plank of plywood covering part of a precinct house stairway landing, failed to show that his injury was the result of an accident, i.e., a sudden and unexpected event (see, Matter of Starnella v Bratton, 92 NY2d 836, 839). Concur — Sullivan, J. P., Williams, Wallach, Rubin and Mazzarelli, JJ.

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Bluebook (online)

261 A.D.2d 183, 689 N.Y.S.2d 392, 1999 N.Y. App. Div. LEXIS 5263, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wallen-v-safir-nyappdiv-1999.

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