Opinion
October 14, 1997
Appeal from the Supreme Court, Nassau County (Lally, J.).
Ordered that the order is affirmed, with costs.
Contrary to the plaintiff's assertion, the defendant New York Life Insurance Company (hereinafter New York Life) is not estopped from denying coverage on the disability policy issued to him in 1989. The plaintiff failed to show that New York Life engaged in any activity in violation of the Codes, Rules, and Regulations of the State of New York ( see, Trainor v. John Hancock Mut. Life Ins. Co., 54 N.Y.2d 213; Tannenbaum v. Provident Mut. Life Ins. Co., 41 N.Y.2d 1087; Farley v. Metropolitan Life Ins. Co., 127 A.D.2d 99).
Furthermore, it cannot be said, as a matter of law, that the alleged misrepresentation the plaintiff made on his 1989 application for insurance was not material. It presents a question of fact for the jury ( see, Insurance Law § 3105 [b]; Smirlock Realty v. Title Guar. Co., 70 A.D.2d 455, 462).
Rosenblatt, J.P., Copertino, Krausman and Goldstein, JJ., concur.