Cantone v. McCall
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtRose, J.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which denied petitioner’s application for accidental disability retirement benefits.
Petitioner, a municipal water treatment plant operator, tripped and fell, causing a serious knee injury, as he stepped over some spools of wire in order to manually close a valve to a 24-inch water pipe. Finding that petitioner was aware of the spools of wire and that he had elected to step over them “rather than being more careful in stepping around…
2Cases cited7 opinions
- MATTER OF STARNELLA v. BrattonNew York Court of Appeals · 1998
- MATTER OF PRATT v. ReganNew York Court of Appeals · 1986
- Balduzzi v. McCallAppellate Division of the Supreme Court of the State of New York · 1995
- Tuper v. McCallAppellate Division of the Supreme Court of the State of New York · 1999
- Leuenberger v. McCallAppellate Division of the Supreme Court of the State of New York · 1997
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Tierney v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2011
- Cantone v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2008
- Cantone v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2011
- Matter of Kelly v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Kelly v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2016
3 more not listed; retrieve them via the Exa API.