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

Appellate Division of the Supreme Court of the State of New York·Decided April 19, 1996·Published·Cited by 1 cases

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.

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).

Pincite

226 A.D.2d 1131 (Ellis v. New York Central Mutual Fire Insurance) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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