LEON SYLVESTER, INC. v. AETNA CAS. & SUR. CO.


227 A.D.2d 212 (1996)

642 N.Y.S.2d 275

Leon Sylvester, Inc., Appellant, v. Aetna Casualty & Surety Company, Respondent

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

May 14, 1996


Plaintiff's attempts to correct the misstatements of its assignor at his first examination under oath that he was the true owner of the subject property and used his own funds for its purchase, in a correction sheet submitted a year and a half later and at a subsequent examination under oath, were properly rejected by the IAS Court as "disingenuous". These willful misrepresentations were of a material nature, violating the fraud and concealment provision of the policy, and...

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