Opinion
August 9, 1973
Appeal from the Civil Court of the City of New York, Queens County, SEYMOUR BOYERS, J.
McCormick Dunne Foley ( Joseph P. Altman, Jr., of counsel), for appellant.
Eugene C. Greenwald for respondent.
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.