Fratello v. Savings Banks Life Insurance Fund

— Order and judgment unanimously affirmed with costs. Memorandum: Upon our review of the record, we find ample support for Supreme Court’s determination that defendant Permanent Savings Bank failed to meet its burden of proving that decedent made a material misrepresentation of fact on his application for mortgage protection life insurance (see, Chase v William Penn Life Ins. Co., 159 AD2d 965, affd 76 NY2d 999, cert denied — US —, 112 S Ct 61). Here, the medical proof that decedent’s asymptomatic "left bundle branch blockage” did not constitute "heart trouble”, a term used on defendant’s…