General
Liberty Mutual Insurance Company, as Subrogee of John V. Simon and Another, Respondent, v. Emery Simon, Individually and Doing Business as Simon Construction Co., Appellant
187 A.D.2d 926·New York Supreme Court, Appellate Division·1992·NY
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Opinion
Liberty Mutual Insurance Company, as Subrogee of John V. Simon and Another, Respondent, v Emery Simon, Individually and Doing Business as Simon Construction Co., Appellant.
[MAJORITY]
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 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.