Legal Opinion
Kelly v. City of Rochester
New York Supreme Court
Decided February 28, 1979PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
David O. Boehm, J.
This is a motion to dismiss the complaint upon the ground that the plaintiff has failed to comply with the requirements of section 50-i (subd 1, pars [a]-[c]) of the General Municipal Law.
On February 25, 1972, the plaintiff, Homer Kelly, suffered a heart attack while fighting a fire. As a publicly employed firefighter, the plaintiff thereby became eligible for extra disability retirement benefits payable from the New York State Policemen’s and Firemen’s Retirement System.
On February 28, 1972, a "sickness and injury report” concerning the plaintiff was…
2Cases cited17 opinions
- Schmidt v. Merchants Despatch Transportation Co.New York Court of Appeals · 1936
- Flanagan v. Mount Eden General HospitalNew York Court of Appeals · 1969
- Ripley v. International Railways of Central AmericaNew York Court of Appeals · 1960
- Cameron Estates, Inc. v. DeeringNew York Court of Appeals · 1954
- Murphy v. St. Charles HospitalAppellate Division of the Supreme Court of the State of New York · 1970
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3Cited by2 opinions
- Kitonyi v. Albany CountyAppellate Division of the Supreme Court of the State of New York · 1987
- Cacucciolo v. City of New YorkCivil Court of the City of New York · 1985