MATTER OF NICHOLAS v. SAFIR


297 A.D.2d 220 (2002)

745 N.Y.S.2d 799

In the Matter of LAURA NICHOLAS, Also Known as LAURA DINAPOLI, Respondent, v. HOWARD SAFIR, as Police Commissioner of the City of New York and as Chair of the Police Pension Fund, Article II, et al., Appellants.

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

Decided August 8, 2002.


Accepting that petitioner tripped over an indentation in a tile floor in the precinct house where she was on duty, she did not establish, as a matter of law, that her injury was the result of a sudden, unexpected circumstance (see, Matter of Starnella v Bratton, 92 N.Y.2d 836, 839). There is no evidence in the record as to the size or depth of the indentation, or even that it was more than trivial (the PBA consultant conceded that...

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