Order unanimously modified in accordance with memorandum and, as so modified, affirmed, without costs.
Memorandum:
In its answer to plaintiff's complaint in this action to recover the death benefit under a life insurance policy, defendant alleges as a defense that the insured made material misrepresentations in his application for insurance by stating that he had not been under medication or on a special diet in the preceding year, that he had not had nor...
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