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ELIZABETH HYDELL, appellant, v. NORTH ATLANTIC LIFE INSURANCE COMPANY, respondent.

ORDERED that the order is affirmed, with costs.

The Supreme Court correctly determined that the defendant submitted sufficient evidence to establish as a matter of law that the insured made material misrepresentations on his application for life insurance (see, Gugleotti v. Lincoln Sec. Life Ins. Co., 234 A.D.2d 514 ;Gentile v. Continental Am. Life Ins. Co., 215 A.D.2d 626 ;Aguilar v. United States Life Ins. Co., City of N.Y., 162 A.D.2d 209 ; see also, Insurance Law § 3105[b]). In response to the defendant's proof, the plaintiff failed to demonstrate the existence of any material issue of fact. Accordingly, the defendant was entitled to rescind the policy (see, Insurance Law § 3105[b]), and the court properly granted its motion for summary judgment dismissing the complaint (see, Gugleotti v. Lincoln Sec. Life Ins. Co., supra).

The plaintiff's remaining contentions are without merit.

SANTUCCI, J.P., JOY, FRIEDMANN, and GOLDSTEIN, JJ., concur.

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HYDELL v. NORTH ATLANTIC LIFE INSURANCE CO
(Oct 25, 1999)