Opinion
November 9, 1992
Appeal from the Supreme Court, Nassau County (Roncallo, J.).
Ordered that the order is affirmed, with costs.
Contrary to the petitioner's contention, the misrepresentation made by the respondent Janet J. LoGatto, also known as Janet J. LoGatto Cermak, as to her true address does not render the automobile insurance policy void ab initio. The law is well settled that cancellation of an automobile insurance policy may be prospective only, even if the application is deceptive or fraudulent (see, Aetna Cas. Sur. Co. v O'Connor, 8 N.Y.2d 359; Matter of Liberty Mut. Ins. Co. v McClellan, 127 A.D.2d 767; Middlesex Ins. Co. v Carrero, 103 A.D.2d 694; Teeter v Allstate Ins. Co., 9 A.D.2d 176, affd 9 N.Y.2d 655; Vehicle and Traffic Law § 313 [a]). Accordingly, the Supreme Court properly denied the petition to stay arbitration of the respondents' claim. Thompson, J.P., Harwood, Balletta, Rosenblatt and Eiber, JJ., concur.