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GONDOLFO v. NEW YORK LIFE INS. CO.

68 Misc.2d 961 (1971)

Joseph Gondolfo, Plaintiff, v. New York Life Insurance Company et al., Defendants.

Supreme Court, Rockland County.

November 15, 1971

Attorney(s) appearing for the Case

Pirraglia & Rosenblatt for plaintiff. Johnson, Hekker & Urell for Robert E. Robbins, Jr., defendant. Harry J. McCallion and John R. O'Hanlon for New York Life Insurance Company, defendant.

JOHN P. DONOHOE, J.

This motion for an order granting summary judgment, pursuant to CPLR 3212, to the defendant New York Life Insurance Company, on the grounds that no issue of fact remains for a trial, the insured's material misrepresentation having been proven and an accord and satisfaction having been entered into by the plaintiff and on the further ground that no reply having been made to defendant New York...

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