Liberty Mutual Insurance v. Simon

Appellate Division of the Supreme Court of New York

Liberty Mutual Insurance v. Simon

187 A.D.2d 926, 592 N.Y.S.2d 932, 1992 N.Y. App. Div. LEXIS 13917

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

DecidedNovember 18, 1992

StatusPublished

This text of 187 A.D.2d 926 (Liberty Mutual Insurance v. Simon) 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.

Bluebook

Liberty Mutual Insurance v. Simon, 187 A.D.2d 926, 592 N.Y.S.2d 932, 1992 N.Y. App. Div. LEXIS 13917 (N.Y. Ct. App. 1992).

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Opinion

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 [927]*927fact (see, Hollander v Nationwide Mut. Ins. Co., 60 AD2d 380, 383, lv denied 44 NY2d 646; Matter of Highsmith [MVAIC], 31 AD2d 424; Helou v Nationwide Mut. Ins. Co., 25 AD2d 179, lv denied 17 NY2d 424). (Appeal from Order of Supreme Court, Niagara County, Koshian, J. — Summary Judgment.) Present— Callahan, J. P., Green, Pine, Boehm and Davis, JJ.

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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 [927]*927fact (see, Hollander v Nationwide Mut. Ins. Co., 60 AD2d 380, 383, lv denied 44 NY2d 646; Matter of Highsmith [MVAIC], 31 AD2d 424; Helou v Nationwide Mut. Ins. Co., 25 AD2d 179, lv denied 17 NY2d 424). (Appeal from Order of Supreme Court, Niagara County, Koshian, J. — Summary Judgment.) Present— Callahan, J. P., Green, Pine, Boehm and Davis, JJ.

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Bluebook (online)

187 A.D.2d 926, 592 N.Y.S.2d 932, 1992 N.Y. App. Div. LEXIS 13917, Counsel Stack Legal Research, https://law.counselstack.com/opinion/liberty-mutual-insurance-v-simon-nyappdiv-1992.

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