The uncontroverted affidavit of defendant's underwriter, accompanied by a page from defendant's underwriting manual stating that no disability policy would be issued to any person earning less than $16,000 per year, established, as a matter of law, the materiality of plaintiff's misrepresentation in his application that his earned income for the prior and current years was and would be $100,000 (Insurance Law § 3105 [b], [c]; see, DiGrazia v United States Life Ins...
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