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TYRAS v. MOUNT VERNON FIRE INSURANCE COMPANY

36 A.D.3d 609 (2007)

828 N.Y.S.2d 448

LINDA TYRAS et al., Respondents, v. MOUNT VERNON FIRE INSURANCE COMPANY, Appellant, et al., Defendant.

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

Decided January 9, 2007.

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

The defendant Mount Vernon Fire Insurance Company (hereinafter Mt. Vernon) counterclaimed, inter alia, to rescind a policy of insurance issued to the defendants H. Mauro & Sons, Inc., and Henry Mauro (hereinafter collectively Mauro) on the basis that the latter allegedly misrepresented material information in Mauro's application for insurance. Insurance...

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