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CHURCH OF TRANSFIGURATION v. NEW HAMPSHIRE INS. CO.

207 A.D.2d 1039 (1994)

616 N.Y.S.2d 843

Church of Transfiguration et al., Appellants, v. New Hampshire Insurance Company, Respondent

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

September 30, 1994

Order unanimously reversed on the law without costs, motion denied and complaint reinstated.

Memorandum:

Supreme Court erred in granting defendant insurer's motion for summary judgment dismissing the complaint. Defendant moved for summary judgment on the ground that plaintiffs made material misrepresentations on their application for insurance for their yacht. In that application, plaintiffs drew a line through the space allotted for "Particulars and Amount...

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