Legal Opinion

Ridge Road Fire District v. Schiano

New York Court of Appeals

Decided April 5, 2011PublishedCited by 91 opinions

1Opinion of the Court

OPINION OF THE COURT

Pigott, J.

Respondent Kevin Nowack, a firefighter employed by petitioner Ridge Road Fire District, claimed to have sustained a back injury while on duty on November 7, 2002. Specifically, Nowack claimed that the fire truck he was driving hit a “low spot,” manhole cover or pothole in the road, causing the truck’s air suspension seat to elevate and “shoot” downward, causing a “twinge” or “tightness” in his low back.

Nowack sought General Municipal Law § 207-a benefits, to which certain firefighters are entitled if they are “injured in the performance of [their] duties”…

2Cases cited3 opinions

  1. 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
  2. MATTER OF MILLER v. DeBuonoNew York Court of Appeals · 1997
  3. Ridge Road Fire District v. SchianoAppellate Division of the Supreme Court of the State of New York · 2009

3Cited by91 opinions

  1. Matter of Haug v. State Univ. of N.Y. at PotsdamNew York Court of Appeals · 2018
  2. Kelly v. DiNapoliCourt for the Trial of Impeachments and Correction of Errors · 2018
  3. Matter of Gerald HH. v. CarrionAppellate Division of the Supreme Court of the State of New York · 2015
  4. Chiara v. Town of New CastleAppellate Division of the Supreme Court of the State of New York · 2015
  5. Matter of Watson v. New York State Justice Ctr. for The Protection of People With Special NeedsAppellate Division of the Supreme Court of the State of New York · 2017

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