Sielski v. Commercial Insurance Co. of Newark, New Jersey

Order unanimously affirmed without costs. Memorandum: In this action to enforce two disability insurance policies, Supreme Court properly denied the motion of plaintiff, the insured, for partial summary judgment dismissing the insurer’s defenses and counterclaims seeking to rescind the policies on the ground of misrepresentation. There is a question of fact concerning plaintiff’s assertion that defendant either waived or is estopped from asserting its right *975to rescind the policy as a result of its acceptance of premiums after learning of the alleged grounds for rescission (see, Amrep Corp. v…