By accepting premium payments for three months after commencing this action to rescind the insurance policies, and doing so apparently intentionally (to "protect" the insured pending a determination of the action), plaintiff waived its right to rescind the policies ( Security Mut. Life Ins. Co. of N.Y. v Rodriguez, 65 AD3d 1, 7-11).
[Prior Case History: 2009 NY Slip Op 32227(U).]