Opinion
Argued May 22, 1967
Decided June 1, 1967
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, G. ROBERT WITMER, J.
Meyer Fix and Thomas E. Goldman for appellant.
John J. Considine, Jr., for respondent.
Order affirmed, with costs; no opinion.
Concur: Judges SCILEPPI, BERGAN, KEATING and BREITEL. Chief Judge FULD and Judge BURKE dissent and vote to reverse on the ground that the insured's death was not "accidental" within the sense of the insurance policy sued upon. Taking no part: Judge VAN VOORHIS.