SCALIA v. EQUITABLE LIFE ASSURANCE SOC'Y OF THE UNITED STATES


251 A.D.2d 315 (1998)

673 N.Y.S.2d 730

Anthony Scalia, Respondent, v. Equitable Life Assurance Society of the United States, Appellant, et al., Defendant

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

June 1, 1998


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

The record supports the Supreme Court's determination that the defendant Equitable Life Assurance Society of the United States (hereinafter Equitable) waived its right to rescind the disability income insurance policy, by continuing to accept premium payments after it gained sufficient knowledge of the alleged misrepresentations upon which it claims to have relied when issuing the policy. It...

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