Order reversed, with costs, and judgment granted in favor of defendant on the dissenting opinion by Mr. Justice JOSEPH F. HAWKINS at the Appellate Division (61 AD2d, at pp 172-175).
I cannot agree with the majority that a material misrepresentation has been established here as a matter of law. A misrepresentation is material only if "knowledge by the insurer of the facts misrepresented would have led to a refusal by...
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