Reversed, on the law, and complaint dismissed, without costs and without disbursements.
Plaintiff is the beneficiary under such policy, which was issued to her husband on September 20, 1968, based upon his application of August 30, 1968. He died on February 17, 1970, and defendant has refused to pay the proceeds of the policy in the sum of $9,750. She sued. In its answer the defendant alleged, amongst other things, that the deceased was guilty of material misrepresentations...
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