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Ellis v. New York Central Mutual Fire Insurance

226 A.D.2d 1131 Court N.Y. App. Div. Decision date 1996-04-19 English

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p. 1131
David J. Ellis, Jr., Appellant, v New York Central Mutual Fire Insurance Company, Respondent.
[642 NYS2d 835]

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.,

p. 1132
206 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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