Bozic v. JC Penny Life Insurance

—In an action to recover the proceeds of a life insurance policy, the plaintiff appeals from an order of the Supreme Court, Westchester County *461(LaCava, J.), entered September 4, 2001, which, inter alia, granted the defendant’s cross motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

Constance Bozic, the 51-year-old deceased, fell on the stairs in her residence on October 14, 1998, and fractured her left hip. Less than 48 hours later, she died. The plaintiff, Bozic’s widower and the beneficiary under an insurance policy issued by the defendant,…