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ESTATE OF GEN YEE CHU v. OTSEGO MUTUAL FIRE INS. CO.

2014-11641, Index No. 19067/11.

148 A.D.3d 677 (2017)

2017 NY Slip Op 01536

49 N.Y.S.3d 468

ESTATE OF GEN YEE CHU, Deceased, by CHIEN MIN CHU, as Executor and/or Administrator, et al., Appellants, v. OTSEGO MUTUAL FIRE INSURANCE COMPANY, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided March 1, 2017.

Ordered that the judgment is affirmed, with costs.

On November 8, 1991, the plaintiff Chien Min Chu (hereinafter the plaintiff) and his now-deceased wife, Gen Yee Chu, purchased a three-story house in Woodside, Queens. It is undisputed that the house contained three separate dwelling units, each with its own kitchen, bathroom, and separate entrance. However, the plaintiff alleges that he believed that the house was a legal two-family dwelling based on documents including...

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