Weiner v. Continental Casualty Co.

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.