SURIANO v. EQUITABLE LIFE ASSURANCE SOC'Y OF THE UNITED STATES


170 A.D.2d 413 (1991)

Philip C. Suriano, Appellant, v. Equitable Life Assurance Society of the United States, Defendant, and Gerard DeAngelis, Respondent

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

February 28, 1991


On September 24, 1982 plaintiff, a physician, executed an application for disability insurance to be issued by the Equitable Life Assurance Society. On that part of the application dealing with the proposed insured's medical history, plaintiff was asked whether he had "ever been treated for or ever had any known indication of * * * disease or disorder of eyes, ears, nose or throat [or] cyst, tumor or cancer." Plaintiff was also asked whether he had "within the past 5 years...

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