Dobbs v. First Alexander Hamilton Life Insurance

Judgment unanimously modified on the law and as modified affirmed without costs and judgment granted in accordance with the following Memorandum: Supreme Court properly determined that the life insurance policy lapsed, at the latest, one year after the default in the payment of the premium (see, Insurance Law § 3211 [a] [1]; Pinkof v Mutual Life Ins. Co., 49 AD2d 452, 455-456, affd 40 NY2d 1003; Margulis v Penn Assn., 123 Misc 2d 216, 218). The court erred, however, in granting judgment to defendant dismissing the complaint rather than declaring the rights of the parties (see, Pless v Town of…