CATALANOTTO v. COMMERCIAL MUTUAL INSURANCE COMPANY


256 A.D.2d 883 (1998)

681 N.Y.S.2d 683

JOSEPH CATALANOTTO et al., Respondents, v. COMMERCIAL MUTUAL INSURANCE COMPANY, Appellant, et al., Defendants.

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

Decided December 17, 1998.


White, J.

At issue is whether defendant Commercial Mutual Insurance Company (hereinafter defendant) established as a matter of law that a homeowner's insurance policy it had issued to plaintiffs did not provide coverage for a loss they sustained when a garage located on the insured premises situated in the Town of Cairo, Greene County, collapsed. We hold that it did not and, accordingly, affirm Supreme Court's order denying defendant's motion for summary judgment...

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