Hydell v. North Atlantic Life Insurance

—In an action to obtain the proceeds of a life insurance policy, the plaintiff appeals from an order of the Supreme Court, Nassau County (Levitt, J.), dated April 23, 1998, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The Supreme Court correctly determined that the defendant submitted sufficient evidence to establish as a matter of law that the insured made material misrepresentations on his application for life insurance (see, Gugleotti v Lincoln Sec. Life Ins. Co., 234 AD2d 514; Gentile v Continental Am.…