Ellis v. New York Cent. Mut. Fire Ins. Co.

Full title: DAVID J. ELLIS, JR., Appellant, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE…

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Apr 19, 1996

226 A.D.2d 1131 (N.Y. App. Div. 1996)

642 N.Y.S.2d 835

Opinion

April 19, 1996

Appeal from the Supreme Court, Erie County, Mintz, J.

Present — Lawton, J.P., Fallon, Callahan, Doerr and Davis, JJ.

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., 206 A.D.2d 801, 803).