Opinion
Argued November 15, 1990
Decided December 18, 1990
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Donald H. Miller, J.
Robert D. Meade for appellant.
Thomas C. Kingsley for respondent.
Order affirmed, with costs. There being support in the record, this Court may not disturb the affirmed finding of fact that decedent made no material misrepresentation in his application for insurance. It is therefore unnecessary to reach the issue of the trial court's evidentiary rulings pertaining to the separate question of defendant's reliance on the alleged misrepresentations.
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.