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MEAGHER v. EXECUTIVE LIFE INS. CO. OF NEW YORK

148 A.D.2d 426 (1989)

Henry C. Meagher et al., Appellants, v. Executive Life Insurance Company of New York, Respondent

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

March 6, 1989

Ordered that the order is affirmed, with costs.

We find that the court properly denied the plaintiffs' motion. The defendant presented triable issues as to, inter alia, whether there was an adverse material change in the decedent's health between the date of the medical examination conducted in connection with his application and the date that the policy was issued (see, Goldstein v New York Life Ins. Co., 176 App Div 813), whether there were...

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