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Process Plants Corp. v. Beneficial National Life Insurance Company
Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.
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Opinion
397 N.Y.S.2d 1007 · New York Court of Appeals · Jun 30, 1977
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Parentheticals
collecting case law addressing the “defense sounding in equity to rescind, i.e., set aside an insurance contract for material misrepresentation”
“So long as a misrepresentation is material, it is no defense to an action for rescission that the misrepresentation was innocently made.”