Fazzolary v NYC

The Plaintiff was a Sergeant in the Detective Bureau of the NYPD and when she stepped off  a curb to assist a motorist with directions when she was injured.  The case was dismissed on motion because it was determined that she was unable to prove that the city had prior notice of the defective condition of the curb and the curb was not defective or dangerous by reason of its height therefore there was no issue to be determined by the court.  Accordingly, her claim and case was dismissed.

Read about this Civil Service case here.

Yonkers firefighter granted Accidental Disability Retirement

In 2008 a Yonkers City Firefighter responding to a car fire slipped on an unknown slippery substance on the ground.  He was unable to return to work due to his injuries.  When he was denied an Accidental Disability Retirement (ADR) he filed an Article 78 in Albany County which was transferred to the Appellate Division, Third Department under the "substantial evidence" standard of review.  The Appellate Division found the decision after a hearing that the fall was not an "accident" was not suppported by substantial evidence.  The firefighter and his coworked said that the substance blending in with the roadway and was undetectable. Read about this Accidental Disability Retirement case.