IN THE MATTER OF DAVENPORT v. McCALL


5 A.D.3d 850 (2004)

772 N.Y.S.2d 754

In the Matter of KENNETH DAVENPORT, Petitioner, v. H. CARL McCALL, as Comptroller of the State of New York, Respondent.

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

March 4, 2004.


Mugglin, J.

Petitioner, while working as a firefighter for the City of Mount Vernon, Westchester County, on November 19, 1994, was, along with his fellow firefighters, assigned to secure a derelict building to prevent its occupancy by squatters. While attempting to pull up and secure a "drop ladder" on a fire escape, petitioner experienced a sharp pain in his neck, left shoulder and chest. He was hospitalized and diagnosed with muscle strain after a heart attack had...

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