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BLUMENTHAL v. NEW YORK LIFE INS. CO.

11 Misc.2d 484 (1958)

Ida Blumenthal, Respondent, v. New York Life Insurance Company, Appellant.

Supreme Court, Appellate Term, First Department.

January 30, 1958.

Attorney(s) appearing for the Case

Lee M. Gammill and John H. Carroll for appellant.

Melvel W. Snitow and Allan Sturim for respondent.

HECHT, J. P., AURELIO and TILZER, JJ., concur.

Per Curiam.

The locking of the bumpers was accidental, but it caused insured no injury. It is what insured did after that that caused his death. Plaintiff's bill of particulars states: "in attempting to separate the two cars after the accident, the decedent put too much strain on his heart in attempting to separate the said cars, and in doing so, caused his heart to stop operating and to drop dead instantaneously...

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