# Montgomery v. Brown

> Appellate Division of the Supreme Court of the State of New York · December 12, 1991 · 178 A.D.2d 247

URL: https://www.frixlaw.com/law-library/cases/5943364

## Case

- **Full name:** In the Matter of James Montgomery v. Lee P. Brown, as Police Commissioner of the City of New York
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** December 12, 1991
- **Citations:** 178 A.D.2d 247; 577 N.Y.S.2d 58; 1991 N.Y. App. Div. LEXIS 16275
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5943364

## Opinion text

Order and judgment (one paper), Supreme Court, New York County (Eugene L. Nardelli, J.), entered February 15, 1991, which denied petitioner’s application pursuant to CPLR article 78 to annul respondent’s denial of accidental disability retirement, and dismissed the proceeding, unanimously affirmed, without costs.
The officer’s injuries resulted from his having tripped on a curb. This does not constitute a " 'sudden, fortuitous mischance, unexpected, out of the ordinary’ ” (Matter of Lichtenstein v Board of Trustees, 57 NY2d 1010, 1012 ), and therefore does not qualify as an accidental injury within the line of duty. Concur—Sullivan, J. P., Rosenberger, Wallach, Ross and Smith, JJ.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5943364. Public record. Not legal advice.