WAKNIN v. LIBERTY INS. CORP.

2017-07681. Index No. 18562/12.

187 A.D.3d 821 (2020)

132 N.Y.S.3d 140

2020 NY Slip Op 05551

David Waknin et al., Respondents, v. Liberty Insurance Corporation et al., Appellants.

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

Decided October 7, 2020.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the defendants' motion which were for summary judgment dismissing the second, third, and fourth causes of action are granted.

The plaintiffs are the owners of a home in Brooklyn (hereinafter the premises). In July 2010, the plaintiffs' then-insurer sent a letter cancelling the plaintiffs' homeowner's insurance policy due to, among other reasons, "[v]acant dwelling...

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