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KONSTANTAKOPOULOS v. UNION MUT. FIRE INS. CO.

Index No. 26175/17E. Appeal No. 13892. Case No. 2020-03339.

194 A.D.3d 572 (2021)

144 N.Y.S.3d 346

2021 NY Slip Op 03256

Odisseas Konstantakopoulos, Appellant, v. Union Mutual Fire Insurance Company, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 20, 2021.

Attorney(s) appearing for the Case

Law Office of Craig A. Blumberg, New York ( Craig A. Blumberg of counsel), for appellant.

Gold Benes, LLP, Bellmore ( James Stewart of counsel), for respondent.

Concur—Renwick, J.P., Manzanet-Daniels, Mazzarelli, Mendez, JJ.

Defendant demonstrated that plaintiff's insurance application contained a material misrepresentation, voiding the policy ab initio (see Insurance Law § 3105[b][1]; Starr Indem. & Liab. Co. v Monte Carlo, LLC, 190 A.D.3d 441 [1st Dept 2021]). The underwriter's affidavit and excerpts from the underwriting guidelines show that defendant would not have issued the policy if it had known the true nature of the risk, i.e...

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