MIC GEN. INS. CORP. v. OKAPA

Index No. 156848/18. Appeal No. 13081. Case No. 2020-01478.

191 A.D.3d 479 (2021)

138 N.Y.S.3d 305

2021 NY Slip Op 00804

MIC General Insurance Corporation, Respondent, v. Agnieszka Okapa et al., Appellants, et al., Defendant.

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

Decided February 9, 2021.


Attorney(s) appearing for the Case

Hegge & Confusione, LLC, New York ( Michael Confusione of counsel), for appellants.

Law Offices of Natasha Z. Millman, New York ( Natasha Z. Millman , of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Gische, González, Shulman, JJ.


MIC made a prima facie showing that it was entitled to summary judgment declaring that there is no coverage under the homeowners liability policy issued to the Okapa defendants based on the affidavit of an investigator stating that defendant Agnieszka Okapa admitted that she and her husband no longer resided at the insured property on the date of the accident, as required by the policy, since they previously moved out. Defendants also showed that the premises were identified...

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