Penn Mutual Life Insurance v. Remling

—In an action for a judgment declaring that the plaintiff is entitled to rescind a certain policy of disability insurance issued to the defendant based upon alleged material misrepresentations made by him, the third-party defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Golia, J.), dated November 19, 1998, as denied his cross motion for summary judgment dismissing the third-party complaint and the *573plaintiff separately appeals from so much of the same order as denied its cross motion for summary judgment.

Ordered that the order is…