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D'AMICO v. PENNSYLVANIA MILLERS MUT. INS. CO.

52 N.Y.2d 1000 (1981)

Natalie D'Amico, as Administrator of The Estate of Stephen D'Amico, Deceased, Appellant, v. Pennsylvania Millers Mutual Insurance Company, Respondent, and General Accident Fire & Life Assurance Corp., Ltd., Appellant.

Court of Appeals of the State of New York.

Decided February 19, 1981.

Attorney(s) appearing for the Case

Melvin D. Freidel for Natalie D'Amico, as administrator of the estate of Stephen D'Amico, deceased, appellant.

Kevin J. Murtagh and James M. O'Brien for General Accident Fire & Life Assurance Corp., Ltd., appellant.

Louis J. Castellano, Jr., for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs to Pennsylvania Millers Mutual Insurance Company.

The homeowner's policy issued by Pennsylvania Millers Mutual Insurance Company, by its express terms, would cover Dennis Traina as an insured only if he were a resident of his parents' household. Since the only evidence submitted by the parties establishes that Dennis did not actually reside...

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