Ortiz v. New York City Employees' Retirement System

Order and Judgment (one paper), Supreme Court, New York County (Kenneth Shorter, J.), entered on or about October 5, 1990, which denied and dismissed the CPLR article 78 petition seeking to annul and vacate respondent New York City Employees’ Retirement System’s determination denying him accidental disability retirement benefits, unanimously affirmed, without costs.

Petitioner, while employed as an elevator mechanic with the New York City Housing Authority, sustained a disabling injury to his left knee when he attempted to step down from *238the top of an elevator car which he was repairing,…