Campaign v. Dime Savings Bank

Judgment, Supreme Court, New York County (Beverly Cohen, J.), entered April 29, 1992, which granted defendants’ motion for summary judgment and dismissed plaintiff’s complaint in its entirety, unanimously affirmed, without costs.

The IAS Court properly determined that a contract of insurance did not exist between the parties because (1) a certificate of insurance was never issued by the defendants, (2) the defendants expressly reserved the right to request a medical examination prior to approval of the insurance application, and (3) such a medical examination was requested but not complied…