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GUARDIAN LIFE INS. CO. OF AM. v. COSTA

221 A.D.2d 970 (1995)

635 N.Y.S.2d 571

Guardian Life Insurance Company of America, Appellant-Respondent, v. Diane Costa, Respondent-Appellant

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

November 15, 1995

Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied the cross motions of plaintiff and defendant for summary judgment. The record reveals that material issues of fact exist regarding whether defendant made material misrepresentations on her application for the disability income insurance policy issued to her by plaintiff. Plaintiff failed to establish that it would have rejected defendant...

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