New York Court of Appeals
In the Matter of Gerard A. McCambridge v. Robert J. McGuire, as Police Commissioner of the New York City Police…
July 2, 198462 N.Y.2d 563
Summary
The New York Court of Appeals held that the injuries to petitioners McCambridge and Knight satisfy the statutory definition of an accidental injury under § B18‑43.0, rendering the Board of Trustees' denial of accident disability pensions arbitrary and capricious; the Court reversed the Appellate Division, granted the petitions, and remanded for further proceedings. Justice Jasen dissented, arguing that the Board should make the factual determination of whether the injuries were "out of the ordinary".