Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Rockland County, for entry of a judgment declaring that the plaintiff is obligated to pay benefits to the defendant under the subject insurance policy.
The Supreme Court properly found that the "Incontestability" clause of the subject policy and Insurance Law § 3216 (d) (1) (B) (ii) preclude the plaintiff from denying benefits to the defendant (see, Monarch Life Ins. Co. v. Brown, 125 A.D.2d 75; White v. Massachusetts Cas. Ins. Co., 96 A.D.2d 732).
We note that since this is a declaratory judgment action, the Supreme Court should have directed the entry of a declaration in favor of the defendant rather than dismissal of the complaint (see, Lanza v. Wagner, 11 N.Y.2d 317, 334, cert denied 371 U.S. 901).
O'Brien, J.P., Joy, Altman and Luciano, JJ., concur.