Pawlik v. Stonebridge Life

Appeal from an order of the Supreme Court, Erie County *1284(Patrick H. NeMoyer, J.), entered May 17, 2004 in a breach of contract action. The order granted defendant’s motion for summary judgment dismissing the amended complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action seeking accidental death benefits based on the death of her husband (decedent). Pursuant to the insurance policy at issue, the term injury is defined in relevant part as “bodily injury caused by an accident occurring…