NASIR v. INTERBORO MUTUAL INDEMNITY INSURANCE COMPANY


1 A.D.3d 489 (2003)

767 N.Y.S.2d 234

MIGDALIA K. NASIR, Respondent, v. INTERBORO MUTUAL INDEMNITY INSURANCE COMPANY, Appellant.

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

November 17, 2003.


Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Contrary to the defendant's contentions, the Supreme Court properly denied its motion for summary judgment. The defendant failed to demonstrate the absence of a triable issue of fact with respect to whether the plaintiff breached the terms of her homeowner's insurance policy, or whether the alleged damage to the premises resulted from neglect and wear and tear, and therefore...

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