Naghavi v. New York Life Insurance

—Order, Supreme Court, New York County (Edward Lehner, J.), entered February 17, 1998, which, in an action to recover under a disability insurance policy, granted defendant insurer’s motion for summary judgment dismissing the complaint and denied plaintiffs cross motion for summary judgment, unanimously affirmed, without costs.

The uncontroverted affidavit of defendant’s underwriter, accompanied by a page from defendant’s underwriting manual stating that no disability policy would be issued to any person earning less than $16,000 per year, established, as a matter of law, the materiality of…