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MATTER OF GAKHAL v. KELLY

16051, 113428/11

135 A.D.3d 406 (2016)

21 N.Y.S.3d 875

2016 NY Slip Op 00003

In the Matter of PARAMJIT GAKHAL, Appellant, v. RAYMOND KELLY, as the Police Commissioner of the City of New York, and as Chairman of the Board of Trustees of the POLICE PENSION FUND, ARTICLE II, et al., Respondents.

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

Decided January 5, 2016.

An accident is defined as a "sudden, fortuitous mischance, unexpected, out of the ordinary, and injurious in impact" (Matter of Lichtenstein v Board of Trustees of Police Pension Fund of Police Dept. of City of N.Y., Art. II, 57 N.Y.2d 1010, 1012 [1982] [internal quotation marks omitted]). Here, on the first day of training, petitioner lost control of a scooter, which accelerated to 40 miles per hour, and crashed into a metal barrier...

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