SCHER v. REPUBLIC INSURANCE COMPANY

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff's refusal to permit his wife to be examined under oath constituted a material breach of the insurance policy precluding recovery of the policy proceeds ( see, Argento v. Aetna Cas. Sur. Co., 184 A.D.2d 487).

We have reviewed the plaintiff's remaining contentions and conclude that they are either without merit or need not be reached in light of the above determination. Balletta, J.P., O'Brien, Ritter, Pizzuto and Altman, JJ., concur.