In Schmitt v. North American Co. for Life and Health Ins. of New York, 30 AD3d 1007 (4th Dept., 2006), lv. denied 7 NY3d 711 (2006) it was undisputed that the applications for life insurance did not indicate that decedent had lymphoma and that he had been diagnosed with that condition prior to the delivery and payment of the first premium of the policy. The Court held that the "decedent failed to comply with a condition precedent inasmuch as he failed to notify defendant of the change in the state of his health prior to the delivery of the respective policies and payment of the first premiums for each policy, and thus the policies never became effective." (Id. 30 AD3d at 1009.)