Order, entered August 1, 1961, denying defendant's motion for summary judgment, unanimously affirmed, on the law, with $20 costs and disbursements to respondent.
Under the circumstances here, the delivery by the defendant (the insured) of a check for the balance of the premium and the acceptance of the same by the broker would not have the effect of nullifying or waiving a cancellation of the policy, if duly effected. (See Insurance Law, § 121; Mord v. Hartford...
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