BERNSTEIN v. AM. HOME ASSURANCE CO.


59 A.D.2d 615 (1977)

Milton Bernstein, Appellant, v. American Home Assurance Company, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 19, 1977


Judgment reversed, on the law, and new trial granted, with costs to abide the event.

In our opinion, under the facts of this case, a jury could determine that the loss of the eye was caused by an accident within the meaning of the policy. The depositing of the infected animal matter on the plaintiff-appellant's eye while he was working was totally unforeseen and unexpected, and a jury could properly find that that was the sole contributing cause of the infection which...

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