Order, Supreme Court, New York County (Jeffrey K. Oing, J.), entered July 23, 2012, which denied defendant's motion for summary judgment, granted plaintiff's cross motion for summary judgment, and declared the subject policy of insurance void, unanimously affirmed, without costs.
Defendant's misrepresentation on its application was material as a matter of law because, had the insurer known the true facts, it would have refused "to make such contract" (Insurance Law...
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