605 N.Y.S.2d 599 | N.Y. App. Div. | 1993
Order unanimously affirmed without costs. Memorandum: In this action to enforce two disability insurance policies, Supreme Court properly denied the motion of plaintiff, the insured, for partial summary judgment dismissing the insurer’s defenses and counterclaims seeking to rescind the policies on the ground of misrepresentation. There is a question of fact concerning plaintiff’s assertion that defendant either waived or is estopped from asserting its right