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Weiner v. Continental Casualty Co.

75 Misc. 2d 488 Court Supreme Court, Appellate Term, Second Department, Decision date 1973-08-09 English

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p. 488
Israel Weiner, Respondent, v. Continental Casualty Company, Appellant.
Supreme Court, Appellate Term, Second Department,
August 9, 1973.
p. 489
McCormick Du/yme $ Foley (Joseph P. Altmcm, Jr., of counsel), for appellant. Eugene C. Greenwald for respondent.

Plaintiff failed to sustain the burden of establishing that the heart attack he suffered was an injury caused by accident and that it resulted directly and independently of all other causes, as required by the provisions of the policy.

The judgment should be unanimously reversed, with $30 costs to appellant, and complaint dismissed.

Concur — Groat, J. P., Rinaldi and Cone, JJ.

Judgment reversed, etc.