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Weiner v. Continental Casualty Co.

79 Misc. 2d 168 Court Supreme Court, Appellate Term, Second Department, Decision date 1973-08-09 English

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p. 168
Israel Weiner, Respondent, v. Continental Casualty Company, Appellant.
Supreme Court, Appellate Term, Second Department,
August 9, 1973.
McCormick Dunne $ Foley (Joseph P. Altman, Jr., of counsel), for appellant. Eugene C. Greenwald for respondent.

Memorandum. Judgment unanimously reversed, with $30 costs to appellant, and complaint dismissed.

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.

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