WEINER v. CONT'L CAS. CO.


79 Misc.2d 168 (1973)

Israel Weiner, Respondent, v. Continental Casualty Company, Appellant.

Supreme Court, Appellate Term, Second Department.

August 9, 1973


Attorney(s) appearing for the Case

McCormick Dunne & Foley (Joseph P. Altman, Jr., of counsel), for appellant. Eugene C. Greenwald for respondent.

Concur — GROAT, P. J., RINALDI and CONE, JJ.


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...

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