MALLOW v. EQUIT. LIFE ASSUR. SOC.


70 Misc.2d 709 (1972)

Elsie Mallow, Respondent, v. Equitable Life Assurance Society of the United States, Appellant.

Supreme Court, Appellate Term, First Department.

February 10, 1972


Attorney(s) appearing for the Case

Marshall F. Denenholz and Werner Weinstock for appellant. Gurwitz & Mazin (Milton Gurwitz of counsel), for respondent.

Concur — STREIT, J. P., QUINN and GOLD, JJ.


Per Curiam.

Defendant's motion to dismiss the complaint at the close of the evidence should have been granted. Plaintiff's proof established that the deceased had died as a result of exertion in carrying heavy roofing materials in accordance with his duties as a building superintendent, bringing on a myocardial infarction, as stated by plaintiff's medical expert, "on top of pre-existing artery disease."

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