MATTER OF DANYI v. BD. OF TRS. OF THE NEW YORK CITY EMPLOYEES' RET. SYS.


176 A.D.2d 451 (1991)

In the Matter of John Danyi, Appellant, v. Board of Trustees 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.

October 1, 1991


Petitioner, a sanitation worker, tripped on a curb while carrying a refuse pail and sustained an injury to his left knee. Contemporaneous reports of the incident, including the line-of-duty investigation, medical evaluations, and statements of the petitioner's immediate supervisor, made no mention of any hazardous condition. Nevertheless, petitioner argues that his knee injury was proximately caused by the broken condition of the curb. In support of this contention, more...

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