Legal Opinion
McGovern v. Lowery
Appellate Division of the Supreme Court of the State of New York
Decided April 6, 1972PublishedCited by 10 opinions
1Opinion of the Court
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*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…
2Cases cited4 opinions
- Eichler v. McElligottAppellate Division of the Supreme Court of the State of New York · 1940
- Matter of Eichler v. McElligottNew York Court of Appeals · 1940
- Matter of Tiernan v. WalshNew York Court of Appeals · 1945
- Tiernan v. WalshAppellate Division of the Supreme Court of the State of New York · 1944
3Cited by10 opinions
- Meyer v. Board of TrusteesNew York Court of Appeals · 1997
- Fiore v. Board of Education Retirement SystemAppellate Division of the Supreme Court of the State of New York · 1975
- Belnavis v. Board of TrusteesAppellate Division of the Supreme Court of the State of New York · 1982
- Schweitzer v. CoddAppellate Division of the Supreme Court of the State of New York · 1978
- Tanzosh v. New York City Civil Service CommissionAppellate Division of the Supreme Court of the State of New York · 1977
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