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BOUZIDE v. CITADEL LIFE INS. CO. OF NEW YORK

35 A.D.2d 938 (1970)

Albert Bouzide, Respondent, v. Citadel Life Insurance Company of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 17, 1970

Respondent shall recover of appellant $50 costs and disbursements of this appeal.

Steuer, J.:

We would reverse and grant defendant judgment on its counterclaim for rescission. The misrepresentations were so many and so repeated that the conclusion is inevitable that the plaintiff was engaged in a deliberate attempt to procure the insurance by fraud. The very nature of several of his complaints plus the fact that he sought medical aid preclude...

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