Roth v. Equitable Life Assurance Society of United States

This is a motion by the defendant for summary judgment dismissing the complaint. The original affidavits of Drs. Hyman, Ryan and Atchley will be disregarded (see motion to strike out, decided simultaneously herewith, N. Y. L. J., July 7, 1944, p. 37, col. 6) and the revised affidavits of said physicians considered in their stead.

*614The defendant’s affidavits establish that the insured made misrepresentations in order to induce the defendant to issue its policy. Section 149 of the Insurance Law, enacted within the past few years (L. 1939, ch. 882), expressly provides (subd. 2) that “ No…