From Casetext: Smarter Legal Research

In re Morgan v. Kerik

Appellate Division of the Supreme Court of New York, First Department
May 22, 2003
305 A.D.2d 288 (N.Y. App. Div. 2003)

Opinion

1223

May 22, 2003.

Judgment, Supreme Court, New York County (Leland DeGrasse, J.), entered May 3, 2002, which denied petitioner police officer's application to annul respondent Board of Trustees' determination denying petitioner an accident disability pension, and dismissed the petition, unanimously affirmed, without costs.

Jeffrey L. Goldberg, for petitioner-appellant.

Sharyn Rootenberg, for respondents-respondents.

Before: Nardelli, J.P., Sullivan, Rosenberger, Wallach, Gonzalez, JJ.


Petitioner slipped and fell on the front steps of his precinct house as he was exiting to go out on patrol, sustaining a disabling injury. Witness statements prepared at the time of the occurrence made no mention of water on the steps, although the patrol supervisor's report did say that the smooth stone steps tended to be slippery. About three weeks later, these same witnesses amended their statements to say that a small amount of water or some other liquid was on the steps. The vote of the Board of Trustees was tied on the issue of whether petitioner's slip and fall was due to a service-related accident, by virtue of which petitioner was denied an accident disability pension. Petitioner's article 78 was properly denied since it cannot be said as a matter of law that his slip and fall was due to wetness on the steps rather than his own misstep (see Matter of Starnella v. Bratton, 92 N.Y.2d 836, 839). Certainly, the amended witness statements are not, as a matter of law, more reliable than the original ones (see Matter of Reichfeld v. Safir, 259 A.D.2d 298,lv denied 93 N.Y.2d 809).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

In re Morgan v. Kerik

Appellate Division of the Supreme Court of New York, First Department
May 22, 2003
305 A.D.2d 288 (N.Y. App. Div. 2003)
Case details for

In re Morgan v. Kerik

Case Details

Full title:IN RE ROBERT MORGAN, Petitioner-Appellant, v. BERNARD KERIK, ETC., ET AL.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 22, 2003

Citations

305 A.D.2d 288 (N.Y. App. Div. 2003)
760 N.Y.S.2d 34

Citing Cases

Matter of Fulbrook v. Kelly

(Matter of Starnella, 92 NY2d at 839. See also Morgan v Kerik, 305 AD2d 288, 289 [1st Dept 2003], lv denied 1…

Mallozzi-Petrizzo v. Kelly

The engineer's report and petitioner's more recent claims of defective stairs still fall far short of…