Bisiani v. Kelly

Judgment, Supreme Court, New York County (Doris Ling-Cohan, J.), entered November 23, 2005, which denied petitioner police officer’s application to annul respondent Board of Trustees’ determination denying petitioner accidental disability retirement benefits, and dismissed the petition, unanimously affirmed, without costs.

Petitioner claims that his disabling trip and fall was caused by a crack in the station house floor and a broken wooden bannister that gave way when he grabbed hold of it in an attempt to break the fall. Where, as here, the denial of accidental disability retirement benefits…