Chase v. William Penn Life Insurance — 76 N.Y.2d 999

Majority

p. 999

Patricia A. Chase, Respondent, v William Penn Life Insurance Company of New York, Appellant.

Argued November 15,1990;

decided December 18, 1990

p. 1000

APPEARANCES OF COUNSEL

Robert D. Meade for appellant.

Thomas C. Kingsley for respondent.

OPINION OF THE COURT

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.