Legal Opinion

Smith v. County of Erie

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

Decided December 23, 1994PublishedCited by 2 opinions

1Opinion of the Court

—Order unanimously affirmed without costs. Memorandum: Plaintiff, a police recruit, was injured when she stepped in a hole while jogging as part of her training. Because plaintiff was a probationary police officer when injured, her injuries "were related to a particular risk that she had assumed as part of her duties” (Cooper v City of New York, 81 NY2d 584, 590; see also, Zanghi v Niagara Frontier Transp. Commn., 203 AD2d 960, lv granted 84 NY2d 804; Caruso v Bowman, 207 AD2d 956; Cottone v City of New York, 206 AD2d 981). As with other police officers injured in the line of duty (see,…

2Cases cited4 opinions

  1. Cooper v. City of New YorkNew York Court of Appeals · 1993
  2. Connors v. BowlesAppellate Division of the Supreme Court of the State of New York · 1978
  3. Zanghi v. Niagara Frontier Transportation CommissionAppellate Division of the Supreme Court of the State of New York · 1994
  4. Caruso v. BowmanAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by2 opinions

  1. Norman v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2009
  2. Goode v. United Artists Eastern Theatre Corp.Appellate Division of the Supreme Court of the State of New York · 1995

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