Kerrigan v. Metropolitan Life Insurance

*563Order, Supreme Court, New York County (Donna M. Mills, J.), entered on or about May 14, 2013, which, inter alia, denied plaintiffs motions for leave to amend the complaint, to compel discovery and for summary judgment, and granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

“Insurance Law § 3105 permits an insurer to rescind a policy where the application contains a material misrepresentation” (East 115th St. Realty Corp. v Focus & Struga Bldg. Devs. LLC, 85 AD3d 511, 511 [1st Dept 2011]). Although the EKG taken of the decedent in…