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BANACH v. AETNA CAS. & SUR. CO.

37 A.D.2d 349 (1971)

Leonard J. Banach, Appellant, v. Aetna Casualty & Surety Co., Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

October 28, 1971.

Attorney(s) appearing for the Case

Alderman, Alderman, Samuels & Schepp (Bernard Samuels of counsel), for appellant.

Mackenzie, Smith, Lewis, Michell & Hughes (Barry M. Shulman of counsel), for respondent.

WITMER and MOULE, JJ., concur with GABRIELLI, J.; GOLDMAN, P. J., not participating; CARDAMONE, J., dissents and votes to reverse and deny the motion in a memorandum.

GABRIELLI, J.

We have for review an order of Special Term granting defendant's motion for summary judgment dismissing plaintiff's complaint.

Appellant was the owner of certain rental property which he leased to one Archambo on September 1, 1967 on a week-to-week basis, which he used as living quarters for himself, his wife and children. Following the births of his son Terrylee and a daughter Wendy on...

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