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Liberty Mutual Insurance Company v. Simon

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 18, 1992
187 A.D.2d 926 (N.Y. App. Div. 1992)

Opinion

November 18, 1992

Appeal from the Supreme Court, Niagara County, Koshian, J.

Present — Callahan, J.P., Green, Pine, Boehm and Davis, JJ.


Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied defendant's motion for summary judgment seeking dismissal of plaintiff's complaint. The question of whether defendant was a resident of his parents' household within the meaning of the homeowner's insurance policy issued by plaintiff presents an issue of fact (see, Hollander v Nationwide Mut. Ins. Co., 60 A.D.2d 380, 383, lv denied 44 N.Y.2d 646; Matter of Highsmith [MVAIC], 31 A.D.2d 424; Helou v Nationwide Mut. Ins. Co., 25 A.D.2d 179, lv denied 17 N.Y.2d 424).


Summaries of

Liberty Mutual Insurance Company v. Simon

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 18, 1992
187 A.D.2d 926 (N.Y. App. Div. 1992)
Case details for

Liberty Mutual Insurance Company v. Simon

Case Details

Full title:LIBERTY MUTUAL INSURANCE COMPANY, as Subrogee of JOHN V. SIMON and…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 18, 1992

Citations

187 A.D.2d 926 (N.Y. App. Div. 1992)

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