Order insofar as appealed from reversed on the law without costs and motion denied.
Memorandum:
In March 1997 plaintiff's home was destroyed by fire. Defendant insurer disclaimed coverage under plaintiff's homeowner's policy because the fire was allegedly set by plaintiff's 17-year-old son. Plaintiff commenced this action seeking declaratory relief and damages.
Supreme Court erred in granting plaintiff's motion for partial summary judgment on the first...
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