Opinion
October 2, 1940.
Appeal from Supreme Court.
Present — Hill, P.J., Crapser, Bliss, Heffernan and Foster, JJ.
The action is to recover under an accidental death benefit provision of a life insurance policy. The insured was a patient at the Veterans Administration Facility at Bath, N.Y. suffering from a severe heart condition. On October 31, 1938, he died from injuries received in a fall from a window of his room on the fourth floor. The defendant contended that the insured committed suicide and also that the heart condition was an indirect cause of death. Judgment unanimously affirmed, with costs.