Weiner v. Continental Casualty Co.

Appellate Terms of the Supreme Court of New York

Weiner v. Continental Casualty Co.

75 Misc. 2d 488, 1973 N.Y. Misc. LEXIS 1686

CourtAppellate Terms of the Supreme Court of New York

DecidedAugust 9, 1973

StatusPublished

This text of 75 Misc. 2d 488 (Weiner v. Continental Casualty Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Weiner v. Continental Casualty Co., 75 Misc. 2d 488, 1973 N.Y. Misc. LEXIS 1686 (N.Y. Ct. App. 1973).

Pincite

Opinion

Per Curiam.

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 of the policy.

The judgment should be unanimously reversed, with $30 costs to appellant, and complaint dismissed.

Concur — Groat, J. P., Rinaldi and Cone, JJ.

Judgment reversed, etc.

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Per Curiam.

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 of the policy.

The judgment should be unanimously reversed, with $30 costs to appellant, and complaint dismissed.

Concur — Groat, J. P., Rinaldi and Cone, JJ.

Judgment reversed, etc.

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Bluebook (online)

75 Misc. 2d 488, 1973 N.Y. Misc. LEXIS 1686, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weiner-v-continental-casualty-co-nyappterm-1973.