Legal Opinion

Kehoe v. City of New York

New York Court of Appeals

Decided February 18, 1993PublishedCited by 11 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Petitioner’s application for accidental disability retirement was properly denied. Accidental disability retirement is avail*817able under the New York City Administrative Code when a City employee is injured as a result of " 'sudden, fortuitous mischance, unexpected, out of the ordinary, and injurious in impact’ ” (Matter of Lichtenstein v Board of Trustees, 57 NY2d 1010, 1012). It is not available for "injuries sustained while performing routine duties but not resulting from unexpected events”…

2Cases cited2 opinions

  1. Lichtenstein v. Board of TrusteesNew York Court of Appeals · 1982
  2. McCambridge v. McGuireNew York Court of Appeals · 1984

3Cited by11 opinions

  1. Kelly v. DiNapoliCourt for the Trial of Impeachments and Correction of Errors · 2018
  2. Ambery v. Board of Trustees of New York City Fire DepartmentAppellate Division of the Supreme Court of the State of New York · 2002
  3. Walsh v. ScopettaAppellate Division of the Supreme Court of the State of New York · 2010
  4. Sciabarassi v. SafirAppellate Division of the Supreme Court of the State of New York · 2002
  5. Cassarino v. New York City Employees' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2010

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