MOORE v. AMER REPUBLIC INS


85 Misc.2d 599 (1975)

Dorothy M. Moore, Plaintiff, v. American Republic Life Insurance Company of New York, Defendant.

Supreme Court, Special Term, Schenectady County.

November 26, 1975


Attorney(s) appearing for the Case

Borst, Smith & Tocker (Donald F. Smith of counsel), for defendant. Max H. Hershkowitz for plaintiff.


GUY A. GRAVES, J.

The defendant has moved for summary judgment declaring that a life insurance policy forming the basis of plaintiff's complaint be declared null and void by reason of misrepresentation in the application by the deceased insured.

The facts are undisputed. The insured deceased, William L. Moore, was issued a policy of life insurance for $25,000 on November 22, 1972. The life insurance application contained the following questions...

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