Majority
p. 926Liberty Mutual Insurance Company, as Subrogee of John V. Simon and Another, Respondent, v Emery Simon, Individually and Doing Business as Simon Construction Co., Appellant.
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
p. 927
fact (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.
Cases cited
- Hollander v. Nationwide Mutual Insurance 60 AD2d 380 at 383 p. 927
- In re the Arbitration between Highsmith & Motor Vehicle Accident Indemnification Corp. 31 AD2d 424 p. 927
- Helou v. Nationwide Mutual Insurance 25 AD2d 179 p. 927