Opinion
June 18, 1999
Appeals from Order of Supreme Court, Monroe County, VanStrydonck, J. Summary Judgment.
PRESENT: PINE, J. P., LAWTON, WISNER, HURLBUTT AND CALLAHAN, JJ.
Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied plaintiff's motion and defendant's cross motion for summary judgment on the ground that there is an issue of fact whether plaintiff's 25-year-old daughter may be deemed a resident of plaintiff's household for purposes of the supplementary uninsured motorists (SUM) endorsement of plaintiff's policy of automobile insurance ( see, Kradjian v. American Mfrs. Mut. Ins. Co., 206 A.D.2d 801). Although it is undisputed that plaintiff's daughter resided primarily with her father, there is conflicting evidence whether she also resided with plaintiff within the meaning of the SUM endorsement ( see, Nationwide Ins. Co. v. Allstate Ins. Co., 181 A.D.2d 1022). We reject defendant's contention that the daughter's age is a determinative factor inasmuch as the policy has no age restrictions.