Order, Supreme Court, New York County (Milton A. Tingling, J.), entered April 30, 2013, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.
Defendant told plaintiff's claim representative, Disability Management Services, Inc. (DMS), in a telephone interview in December 2008 the details of his 20 year medical history that were not disclosed in his application. Thus, as of December 2008, or, at the latest...
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