(February 16, 2023, 11:00 AM EST) -- NEW YORK — A New York federal judge denied a commercial property insurer’s motion to dismiss an insured’s breach of contract suit arising out of the insurer’s denial of a claim for water damage and the insurer’s rescission of the policy because questions of fact exist regarding the materiality of the insured’s alleged misrepresentation regarding the number of tenants living in the insured property....