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SCHONDORF v. SMA LIFE ASSUR. CO.

No. CV-87-2961 (ADS).

745 F.Supp. 866 (1990)

Minna SCHONDORF, Plaintiff, v. SMA LIFE ASSURANCE COMPANY, Defendant.

United States District Court, E.D. New York.

September 5, 1990.

Attorney(s) appearing for the Case

Mark Landesman, P.C., New York City (Chana Sklar Israel, of counsel), for plaintiff.

Townley & Updike, New York City (Richard R. Lutz, Matthew C. Mason, of counsel), for defendant.

MEMORANDUM DECISION AND ORDER

SPATT, District Judge.

By way of the defendant's motion for summary judgment, the Court is asked to determine whether certain undisputed misrepresentations made by the insured in his application for life insurance are "material" as a matter of law, thus voiding the resulting contract of insurance. Since at least some of the misrepresentations are "material" as a matter of law in...

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