Home/New York Court of Appeals/D'Amico v. Pennsylvania Millers Mutual Insurance

D'Amico v. Pennsylvania Millers Mutual Insurance

420 N.E.2d 88, 52 N.Y.2d 1000, 438 N.Y.S.2d 290, 1981 N.Y. LEXIS 2235
CourtNew York Court of Appeals
DecidedFebruary 19, 1981
StatusPublished
Cited by11 cases

This text of 420 N.E.2d 88 (D'Amico v. Pennsylvania Millers Mutual Insurance) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
D'Amico v. Pennsylvania Millers Mutual Insurance, 420 N.E.2d 88, 52 N.Y.2d 1000, 438 N.Y.S.2d 290, 1981 N.Y. LEXIS 2235 (N.Y. 1981).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs to Pennsylvania Millers Mutual Insurance Company.

The homeowner’s policy issued by Pennsylvania Millers Mutual Insurance Company, by its express terms, would cover Dennis Traína as an insured only if he were a resident of his parents’ household. Since the only evidence submitted by the parties establishes that Dennis did not actually reside in his parents’ household at the relevant time, summary judgment was properly granted.

[1002]*1002Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.

Order affirmed, etc.

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Bluebook (online)
420 N.E.2d 88, 52 N.Y.2d 1000, 438 N.Y.S.2d 290, 1981 N.Y. LEXIS 2235, Counsel Stack Legal Research, https://law.counselstack.com/opinion/damico-v-pennsylvania-millers-mutual-insurance-ny-1981.