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NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY v. SWEET

16 A.D.3d 1013 (2005)

794 N.Y.S.2d 130

NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Appellant, v. LAWRENCE SWEET et al., Respondents.

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

March 31, 2005.

Kane, J.

Plaintiff issued a homeowner's insurance policy to defendants Lawrence Sweet and Deirdre Sweet. The Sweets' daughter lived with her parents. The daughter's fiancé, defendant Casey DeLong, moved into the Sweets' home in the spring of 1998. A few months later, DeLong obtained legal custody of his son Matthias, and Matthias began spending several nights each week at the Sweets' home. On June 3, 2000, while DeLong was at work, Matthias jumped off the riding...

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