Opinion
February 5, 1990
Appeal from the Supreme Court, Queens County (Durante, J.).
Ordered that the order is affirmed, with costs.
The defendant has offered evidence raising questions of fact concerning possible material misrepresentations regarding the decedent's health history made in the applications for the life insurance policies shortly before he died. Therefore, summary judgment was properly denied (see, Leamy v Berkshire Life Ins. Co., 39 N.Y.2d 271; Simon v Government Employees Life Ins. Co., 79 A.D.2d 705; Wittner v IDS Ins. Co., 96 A.D.2d 1053). In addition, there is a question of fact as to whether the plaintiff and the decedent were indeed business partners as the plaintiff claims. Thompson, J.P., Lawrence, Eiber and Balletta, JJ., concur.