MATTER OF CUNNINGHAM v. BROWN


188 A.D.2d 403 (1992)

In the Matter of Frances H. Cunningham, Appellant, v. Lee P. Brown, as Police Commissioner of The City of New York, et al., Respondents

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

December 17, 1992


Petitioner claims that she injured her back lifting the hood of her car in making a routine vehicle inspection, at a time when she was on restricted duty because of back injuries previously sustained in the line of duty. We agree with the IAS Court that respondents' determination that petitioner's injury was not the result of an unexpected event, and thus not an "accident" within the meaning of the statute, was correct. The determination was not arbitrary and capricious ...

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