MATTER OF APPLEBY v. HERKOMMER


165 A.D.2d 727 (1990)

In the Matter of Sung Appleby, Appellant, v. Harold E. Herkommer, as Executive Director of The New York City Employees' Retirement System, et al., Respondents

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

September 18, 1990


Petitioner's husband, the decedent, became a police officer in 1966. In 1977 he was diagnosed as having hypertension. In 1979, cardiac catheterization indicated that the decedent did not have coronary artery disease. In 1985, an angiogram indicated evidence of occlusive disease of the lower extremities.

On August 20, 1985, the decedent was admitted to the hospital after falling in the bathtub. Several diagnostic tests were performed which showed no evidence of congestive...

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