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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 of the policy.
Concur — Groat, P. J., Rinaldi and Cone, JJ.
Document Info
Citation Numbers: 79 Misc. 2d 168
Filed Date: 8/9/1973
Precedential Status: Precedential
Modified Date: 2/5/2022