In light of, inter alia, the fact that defendant failed to satisfactorily establish that it would not have issued the instant policy had it been aware of the applicant's alleged misrepresentations concerning its use of bicycle messengers, summary judgment was properly denied since there is a question as to whether the alleged misrepresentations were material and thus sufficient to void the instant policy (see, Courtney v Dollar Sav. Bank,
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SPURT MESSENGER SERV., INC. v. GUDDE
216 A.D.2d 111 (1995)
628 N.Y.S.2d 99
Spurt Messenger Service, Inc., Respondent, v. Lynda Gudde, Respondent, and National Casualty Company, Appellant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
June 15, 1995
June 15, 1995
Appellate Division of the Supreme Court of the State of New York, First Department.
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