BANKERS INS SOC v. HAYDEN


84 Misc.2d 593 (1975)

Bankers Security Life Insurance Society, Plaintiff, v. Solomon Hayden, Defendant.

Civil Court of the City of New York, New York County.

December 9, 1975


Attorney(s) appearing for the Case

Townley, Updike, Carter & Rogers (Richard R. Lutz of counsel), for plaintiff. Leon Wasserman and Samuel W. Sherman for defendant.


BURTON S. SHERMAN, J.

The plaintiff insurance company moves for summary judgment pursuant to CPLR 3212 to rescind a contract of disability insurance alleging that it was procured by means of material misrepresentations. The defendant insured counterclaimed for disability benefits under the contract in the sum of $8,400 together with any additional sums that may be found due at the time of the trial of the action...

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