Ludwig v. National Casualty Co.

Appellate Division of the Supreme Court of New York

Ludwig v. National Casualty Co.

262 A.D. 1012, 30 N.Y.S.2d 556, 1941 N.Y. App. Div. LEXIS 9039

Appellate Division of the Supreme Court of the State of New York·Decided October 31, 1941·Published

Opinion

Per Curiam.

In our opinion, plaintiff failed upon this record to show that the operation resulted from bodily injuries effected solely through accidental means or by sickness. It follows, therefore, that the determination of the Appellate Term and the judgment of the Municipal Court should be reversed and the complaint dismissed, with costs to the defendant-appellant in all courts.

Present — ■ Martin, P. J., O’Malley, Townley, Dore and Cohn, JJ.

Determination of the Appellate Term and judgment of the Municipal Court unanimously reversed and the complaint dismissed, with costs to the defendant-appellant in all courts.

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Per Curiam.

In our opinion, plaintiff failed upon this record to show that the operation resulted from bodily injuries effected solely through accidental means or by sickness. It follows, therefore, that the determination of the Appellate Term and the judgment of the Municipal Court should be reversed and the complaint dismissed, with costs to the defendant-appellant in all courts.

Present — ■ Martin, P. J., O’Malley, Townley, Dore and Cohn, JJ.

Determination of the Appellate Term and judgment of the Municipal Court unanimously reversed and the complaint dismissed, with costs to the defendant-appellant in all courts.

Ludwig v. National Casualty Co., 262 A.D. 1012, 30 N.Y.S.2d 556, 1941 N.Y. App. Div. LEXIS 9039 (N.Y. Ct. App. 1941).

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262 A.D. 1012 (Ludwig v. National Casualty Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.