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MATTER OF RUSSELL v. BOARD OF TRUSTEES OF THE NEW YORK CITY POLICE PENSION FUND, ARTICLE II

288 A.D.2d 19 (2001)

732 N.Y.S.2d 13

In the Matter of SHERON RUSSELL, Appellant, v. BOARD OF TRUSTEES OF THE NEW YORK CITY POLICE PENSION FUND, ARTICLE II, et al., Respondents.

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

Decided November 1, 2001.

Petitioner, a police detective, was injured when her wheeled swivel chair, which she was rolling backward to plug in the cord for an electric typewriter, was stopped by a wire on the floor, causing petitioner and the chair to topple over. Such an occurrence is not so out of the ordinary or unexpected as to constitute an accident as a matter of law (see, Matter of Starnella v Bratton, 92 N.Y.2d 836

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