In Dwyer v. First Unum Life Ins. Co., 41 AD3d 115, 837 N.Y.S.2d 635 [1st 2007]), plaintiff concealed his history of chronic back pain at the time of the application, i.e., the condition he had a duty to disclose by reason of the questions in the application regarding his illnesses and medical treatments. The court affirmed the policy rescission because the defendants sufficiently pleaded that plaintiff's answers were false and the misrepresentations were material. This was evidenced by the affidavit of their chief underwriter, as well as the company guidelines, both of which establish that if defendants had known of plaintiff's history of chronic back pain, they would not have issued the policy to plaintiff in its present form.