Opinion
October 22, 1991
Appeal from the Supreme Court, New York County (David H. Edwards, Jr., J.).
Mr. Carl Waller, aged 69, employed by the Manhattan and Bronx Surface Transit Operating Authority (MABSTOA), as Hearing Administrator for the Workers' Compensation Unit of the General Counsel's Office, claims that, on or about February 4, 1988, while walking in an aisle of a MABSTOA office with the Director of Claims, his foot became entangled in the base of a chair, protruding in the aisle, causing him to fall. It is undisputed that, as a result of that fall, Mr. Waller suffered a permanently disabling injury to his lumbar spine.
Thereafter, on the basis of that injury, in January 1990, Mr. Waller applied for accidental disability retirement, and, by letter, dated August 30, 1990, MABSTOA denied the application.
In November 1990, Mr. Waller (petitioner) instituted, pursuant to the provisions of CPLR article 78, a proceeding against MABSTOA and related defendants (respondents) to annul the August 30, 1990 determination, denying him accidental disability retirement benefits, and for related relief. By judgment, entered April 2, 1991, the Trial Court denied and dismissed that petition. Petitioner appeals.
The Court of Appeals, in Matter of McCambridge v. McGuire ( 62 N.Y.2d 563, 567-568), held "Not every line of duty injury will result in an award of accident disability. The injury must be the result of a `"sudden, fortuitous mischance, unexpected, out of the ordinary, and injurious in impact"' (Matter of Lichtenstein v. Board of Trustees, 57 N.Y.2d 1010, 1012 * * *)". Applying that legal authority to the instant facts, we find that petitioner suffered an accidental injury, since said injury resulted from "a sudden, unexpected event" (Matter of Pratt v. Regan, 68 N.Y.2d 746, 747-748).
Accordingly, we reverse, and grant the petition.
Concur — Murphy, P.J., Rosenberger, Ellerin, Ross and Rubin, JJ.