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PILATO v. NASSAU INS. CO.

79 A.D.2d 971 (1981)

Nicholas Pilato, Respondent, v. Nassau Insurance Company, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 5, 1981

Judgment reversed, on the law, and new trial granted in accordance herewith, with costs to abide the event.

We agree with the trial court's conclusion that the insurance policy could not be rescinded ab initio because of an alleged material misrepresentation by the plaintiff. An automobile insurance policy may be canceled only pursuant to the procedures set forth in section 313 of the Vehicle and Traffic Law (see Teeter v Allstate Ins. Co.,

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