Opinion
May 14, 1996
Appeal from the Supreme Court, New York County (Alice Schlesinger, J.).
Plaintiff's attempts to correct the misstatements of its assignor at his first examination under oath that he was the true owner of the subject property and used his own funds for its purchase, in a correction sheet submitted a year and a half later and at a subsequent examination under oath, were properly rejected by the IAS Court as "disingenuous". These willful misrepresentations were of a material nature, violating the fraud and concealment provision of the policy, and hence invalidating it ( see, Rickert v. Travelers Ins. Co., 159 A.D.2d 758, 760, lv denied 76 N.Y.2d 701; 232 Broadway Corp. v. New York Prop. Ins. Underwriting Assn., 206 A.D.2d 419, lv denied 85 N.Y.2d 808).
Concur — Sullivan, J.P., Rosenberger, Nardelli, Williams and Tom, JJ.