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LUISI v. AM. GEN. LIFE INS. CO. OF NEW YORK

202 A.D.2d 303 (1994)

609 N.Y.S.2d 179

Kathy A. Luisi, Respondent-Appellant, v. American General Life Insurance Company of New York, Appellant-Respondent

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

March 17, 1994

Questions of material fact remain as to the nature of the condition plaintiff's decedent was treated for and as to whether defendant was induced to accept an insurance application it might otherwise have rejected. It is not disputed that at the time plaintiff's decedent applied for the policy, he was being treated for a type of polycythemia, but the record does not establish which type was involved so as to determine whether his...

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