In an action by the beneficiaries — the widow and daughter of the insured — to recover the face amount of a life insurance policy, the defenses are (1) general denial; (2) suicide within one year from date of issue of the policy; (3) fraud. There is also a counterclaim for rescission of the policy. The application for the policy, made January 18, 1947, contained a provision "Make first policy year commence July 20, 1946, age 45." The policy was executed on the date contained in the testimonium clause, January 20, 1947, the insured's forty-sixth birthday. Death by alleged suicide occurred on November 23, 1947. Plaintiffs and the impleaded defendant — the executrix of the insured's estate — moved for summary judgment on the ground that the date of issue of the policy was July 20, 1946. Defendant made a cross motion for summary judgment. Both motions were denied. Plaintiffs and the impleaded defendant appeal from so much of the order as denies their motion for summary judgment. Defendant has not appealed. Order affirmed, with $10 costs and disbursements. The policy contained express provisions making certain benefits applicable on the basis of the commencement of the policy year earlier than the date on which the policy was actually issued. However, the suicide and incontestability clauses are governed by the date of issue of the policy by their express provisions rather than by the commencement of the policy year. Carswell, Acting P.J., Johnston, Adel, Sneed and Wenzel, JJ., concur. [ 195 Misc. 12.]