HUTT v. LUMBERMENS MUT. CAS. CO.


130 A.D.2d 546 (1987)

Alan S. Hutt et al., Appellants, v. Lumbermens Mutual Casualty Company, Respondent, et al., Defendant

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

May 11, 1987


Ordered that the judgment is affirmed, with costs.

Contrary to the plaintiffs' assertions, the court properly denied their motion, made during the course of the trial, to dismiss the respondent's affirmative defenses of willful concealment, misrepresentation, and false swearing of material facts during their examinations under oath and on the proofs of loss submitted by them to the respondent. Viewing the evidence in a light most favorable to the nonmoving party,...

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