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MATTER OF CARR v. WARD

119 A.D.2d 163 (1986)

In the Matter of Frances M. Carr, Appellant, v. Benjamin Ward, as Police Commissioner of The City of New York and as Chairman of The Board of Trustees of the Police Pension Fund, Article II, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

September 4, 1986

Attorney(s) appearing for the Case

David Jalosky of counsel (Jeffrey L. Goldberg and Charles H. Dobkin with him on the brief), for appellant.

June A. Witterschein of counsel (Leonard Koerner and Barry P. Schwartz with her on the brief; Frederick A. O. Schwarz, Jr., Corporation Counsel, attorney), for respondents.

MILONAS, J., concurs with ASCH, J.; SANDLER, J. P., concurs in the opinion of ASCH, J., and concurs in a separate opinion; CARRO, and KASSAL, JJ., dissent in an opinion by KASSAL, J.

ASCH, J.

Petitioner was a probationary police officer. As part of her training, she was required to take a boxing lesson at the Police Academy. In the course of such boxing session in a makeshift gym, she twisted her right knee. When she was being transported by police personnel from the Academy, the stretcher on which she was being borne, collapsed. Petitioner fell to the ground, further injuring her right...

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