Sullivan v. Board of Trustees of New York Fire Department Article 1-B Pension Fund

Judgment, Supreme Court, New York County, entered December 15, 1972, unanimously reversed, on the law, and vacated, and the matter remanded to respondent for further findings in accord with this memorandum, without costs and without disbursements. Petitioner, a fireman, sought retirement for accident disability. His disability is not in dispute but the cause of it is. Petitioner claims it is due to a heart condition. Coneededly if that is the cause of petitioner’s condition there is a rebuttable presumption that it was of accidental origin (General Municipal Law, § 207-k). Petitioner has been…