Legal Opinion

Hallihan v. Ward

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

Decided January 22, 1991PublishedCited by 7 opinions

1Opinion of the Court

Judgment, Supreme Court, New York County (Shirley Finger-hood, J.), entered September 19, 1989, denying a petition to annul a determination which had denied an application for accidental disability retirement, unanimously affirmed, without costs.

An accidental disability, for purposes of pension and retirement (Administrative Code of City of New York § 13-252), must meet the commonsense definition of a sudden and unexpected event (Matter of Lichtenstein v Board of Trustees, 57 NY2d 1010, 1012), as opposed to an injury resulting from routine performance of duty (Matter of McCambridge v McGuire,…

2Cases cited5 opinions

  1. Lichtenstein v. Board of TrusteesNew York Court of Appeals · 1982
  2. Canfora v. Board of Trustees of the Police Pension FundNew York Court of Appeals · 1983
  3. McCambridge v. McGuireNew York Court of Appeals · 1984
  4. MATTER OF PRATT v. ReganNew York Court of Appeals · 1986
  5. Caruso v. New York City Police Department Pension FundNew York Court of Appeals · 1988

3Cited by7 opinions

  1. Walsh v. ScopettaAppellate Division of the Supreme Court of the State of New York · 2010
  2. Reichfeld v. SafirAppellate Division of the Supreme Court of the State of New York · 1999
  3. Canonico v. KellyAppellate Division of the Supreme Court of the State of New York · 2007
  4. Guarneri v. BrattonAppellate Division of the Supreme Court of the State of New York · 1998
  5. Matter of Smith v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2022

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