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GOZAN v. MUT. LIFE INS. CO.

40 N.Y.2d 707 (1976)

Nana R. Gozan, Formerly Known as Nana R. Krakower, Respondent, v. Mutual Life Insurance Company of New York, Appellant.

Court of Appeals of the State of New York.

Decided November 30, 1976.

Attorney(s) appearing for the Case

Willard G. Eldred, Samuel C. Cantor, James P. Corcoran and Richard M. Storto, New York City, for appellant.

Samuel W. Sherman and Leon Wasserman, New York City, for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.

COOKE, J.

On May 9, 1968, Arnold Krakower, an attorney, completed an application for a policy of term life insurance in the amount of $40,000 and submitted that application to the Mutual Life Insurance Company of New York (MONY). Mr. Krakower declared himself to be in good health, regularly performing the duties of his occupation in the usual manner. He further declared that during the five years previous he...

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