Ellis v. New York Central Mutual Fire Insurance

Appellate Division of the Supreme Court of New York

Ellis v. New York Central Mutual Fire Insurance

226 A.D.2d 1131, 642 N.Y.S.2d 835, 1996 N.Y. App. Div. LEXIS 5703

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 19, 1996

StatusPublished

Cited by1 cases

This text of 226 A.D.2d 1131 (Ellis v. New York Central Mutual Fire Insurance) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Ellis v. New York Central Mutual Fire Insurance, 226 A.D.2d 1131, 642 N.Y.S.2d 835, 1996 N.Y. App. Div. LEXIS 5703 (N.Y. Ct. App. 1996).

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Opinion

Order and judgment unanimously reversed on the law with costs, cross motion denied and complaint reinstated. Memorandum: Supreme Court erred in granting defendant’s motion for summary judgment dismissing the complaint. A question of fact exists whether plaintiff was a resident of his father’s household and, therefore, an insured under the policy issued by defendant (see, Kradjian v American Mfrs. Mut. Ins. Co., [1132]*1132206 AD2d 801, 803). (Appeal from Order and Judgment of Supreme Court, Erie County, Mintz, J.—Summary Judgment.) Present—Lawton, J. P., Fallon, Callahan, Doerr and Davis, JJ.

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Order and judgment unanimously reversed on the law with costs, cross motion denied and complaint reinstated. Memorandum: Supreme Court erred in granting defendant’s motion for summary judgment dismissing the complaint. A question of fact exists whether plaintiff was a resident of his father’s household and, therefore, an insured under the policy issued by defendant (see, Kradjian v American Mfrs. Mut. Ins. Co., [1132]*1132206 AD2d 801, 803). (Appeal from Order and Judgment of Supreme Court, Erie County, Mintz, J.—Summary Judgment.) Present—Lawton, J. P., Fallon, Callahan, Doerr and Davis, JJ.

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Bluebook (online)

226 A.D.2d 1131, 642 N.Y.S.2d 835, 1996 N.Y. App. Div. LEXIS 5703, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ellis-v-new-york-central-mutual-fire-insurance-nyappdiv-1996.

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