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NEW ENGLAND INS. v. JOHNSON

155 Misc.2d 680 (1992)

589 N.Y.S.2d 736

New England Mutual Life Insurance Co., Plaintiff, v. William L. Johnson, as Executor of Jeffrey F. Duke, Deceased, et al., Defendants.

Supreme Court, New York County.

July 16, 1992

Attorney(s) appearing for the Case

Lane & Mittendorf, New York City, for plaintiff. Teitelbaum, Hiller, Rodman, Paden & Hibsher, P. C., New York City, for William L. Johnson, defendant.

IRA GAMMERMAN, J.

Plaintiff, New England Mutual Life Insurance Company, brings this rescission action against defendant, Jeffrey F. Duke (Duke), substituted for by William L. Johnson, as executor of the estate of Jeffrey F. Duke, seeking to rescind a life insurance policy. Plaintiff claims Duke materially misrepresented his relationship with his beneficiary and that such misrepresentation constitutes grounds...

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