Moses v. Metropolitan Life Insurance

—In an action to recover the proceeds of a life insurance policy, the plaintiff appeals from so much of an order of the Supreme Court, Queens County (Posner, J.), dated March 16, 2001, as denied that branch of her motion which was for summary judgment.

Ordered that the order is affirmed insofar as appealed from, with costs.

After the plaintiff made out a prima facie case for summary judgment, the defendant submitted sufficient evidence to raise a triable issue of fact as to whether the insured made material misrepresentations on his application for life insurance (see, Insurance Law § 3105 [b];…