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LIBERTY MUT. INS. CO. v. SIMON

187 A.D.2d 926 (1992)

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

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

November 18, 1992

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.,

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