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DEAN v. TOWER INS. CO.

No. 173

19 N.Y.3d 704 (2012)

955 N.Y.S.2d 817

2012 NY Slip Op 7142

DOUGLAS DEAN et al., Respondents, v. TOWER INSURANCE COMPANY OF NEW YORK, Appellant.

Court of Appeals of New York.

Decided October 25, 2012.

Attorney(s) appearing for the Case

Law Office of Max W. Gershweir, New York City ( Max W. Gershweir of counsel), for appellant.

Bleakley Platt & Schmidt, LLP, White Plains ( Robert D. Meade and Susan E. Galvão of counsel), for respondents.

OPINION OF THE COURT

CIPARICK, J.

This appeal requires us to determine whether the term "residence premises" in an insurance contract is ambiguous where an insured purchased a homeowners' policy in advance of a closing but was unable to move in due to the need for major repairs. We conclude that under the circumstances of this case the term is ambiguous, precluding summary judgment.

Plaintiffs Douglas...

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