MOSES v. METROPOLITAN LIFE INSURANCE COMPANY


286 A.D.2d 427 (2001)

729 N.Y.S.2d 901

AUDREY C. MOSES, Appellant, v. METROPOLITAN LIFE INSURANCE COMPANY, Respondent.

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

Decided August 20, 2001.


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

After the plaintiff made out a prima facie case for summary judgment, the defendant submitted sufficient evidence to raise a triable issue of fact as to whether the insured made material misrepresentations on his application for life insurance (see, Insurance Law § 3105 [b]; Kirkpatrick v State Farm Fire & Cas., 255 A.D.2d 363; Radin...

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