MEMORANDUM OPINION
KAPLAN, District Judge.
The principal issue presented here is whether an individual who has tested positive for the human immunodeficiency virus ("HIV"), and who states on an application for disability insurance that he or she is "in good health to the best of my knowledge and belief," thereby commits fraud as a matter of law. Concluding that the question, on this record, is one of fact, the Court denies cross-motions for summary judgment...
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