BENNETT v. EQUITABLE ASSUR. SOC.


14 Misc.2d 759 (1939)

Eva Bennett, Appellant, v. Equitable Life Assurance Society of United States, Respondent.

Supreme Court, Appellate Term, First Department.

July 5, 1939.


Attorney(s) appearing for the Case

Alexander & Green (James D. Ewing of counsel), for appellant.

Ralph Bernstein for respondent.

Concur — FRANKENTHALER, SHIENTAG and NOONAN, JJ.


Per Curiam.

The insured's death did not occur in consequence of bodily injury effected solely through external, violent and accidental means. Mansbacher v. Prudential Ins. Co. (273 N.Y. 140) and Berkowitz v. New York Life Ins. Co. (256 App. Div. 324) are not here controlling, as in those cases the causes were trivial and were followed by some unforeseen, unexpected, extraordinary, and unlooked-for mishap. Here, however, death ensued as the result...

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