Mehta v. New York Life Insurance

—Order, Supreme Court, New York County (Seymour Schwartz, J.), entered June 28, 1993, which, inter alia, granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

It is undisputed that the insured decedent misrepresented that his driver’s license had not been suspended or revoked within two years prior to his application for life insurance. In fact, less than a year earlier, his driver’s license had been suspended for 90 days on the ground that he had violated Vehicle and Traffic Law § 1192 (1), which prohibits driving while the ability to…