In Marchisotto v. Kelly , a police officer sued to recover disability benefits when he broke his finger plunging an overflowing toilet.
After the New York County Supreme Court denied the officer's request and affirmed the New York City Police Commissioner's denial of coverage, the officer appealed to the Appellate Division, First Department.
The AD1 deferred to the underlying agency's expertise as to what constituted an officer's ordinary duties, and affirmed the outcome, since use of a plumber's snake wasn't part of the officer's typical job functions and he knew the correct procedure was to contact maintenance personnel
That didn't flow well for Marchisotto.
To download a copy of the Appellate Division's Decision, please use this link: http://www.courts.state.ny.us/reporter/3dseries/2009/2009_00442.htm