Opinion
November 18, 1992
Appeal from the Supreme Court, Niagara County, Koshian, J.
Present — Callahan, J.P., Green, Pine, Boehm and Davis, JJ.
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 fact (see, Hollander v Nationwide Mut. Ins. Co., 60 A.D.2d 380, 383, lv denied 44 N.Y.2d 646; Matter of Highsmith [MVAIC], 31 A.D.2d 424; Helou v Nationwide Mut. Ins. Co., 25 A.D.2d 179, lv denied 17 N.Y.2d 424).