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BLANK v. INS. CO.

126 Misc.2d 977 (1984)

Harold H. Blank, Respondent, v. Insurance Company of North America, Appellant.

Supreme Court, Appellate Term, Second Department.

September 13, 1984

Attorney(s) appearing for the Case

Palmeri & Gaven (John J. Palmeri and Michael H. Rosoff of counsel), for appellant. Kalb, Rosenfeld & Essig, P. C. (Marshall F. Denenholz and Edward F. Leddy of counsel), for respondent.

FARLEY, P. J., and DI PAOLA, J., concur; WIDLITZ, J., dissents in a separate memorandum.

MEMORANDUM.

Judgment affirmed, with $25 costs.

Plaintiff brings this suit to recover accident benefits allegedly due under a group policy of insurance. It was undisputed that plaintiff suffered a stroke while undergoing a cardiac catheterization, recommended after he had experienced chest pains. It is our opinion that plaintiff adduced ample evidence to establish that the stroke was the result of an accident (see, Miller v Continental Ins. Co.

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