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SCHER v. REPUBLIC INS. CO.

226 A.D.2d 521 (1996)

640 N.Y.S.2d 819

Ezriel Scher, Appellant, v. Republic Insurance Company, Respondent, et al., Defendant

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

April 15, 1996

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff's refusal to permit his wife to be examined under oath constituted a material breach of the insurance policy precluding recovery of the policy proceeds (see, Argento v Aetna Cas. & Sur. Co., 184 A.D.2d 487).

We have reviewed the plaintiff's remaining contentions and conclude that they are either without merit or need...

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