MOUNTAIN VAL. INDEM. CO. v. HYLTON

Index No. 154321/19. Appeal No. 14750. Case No. 2021-02122.

200 A.D.3d 424 (2021)

154 N.Y.S.3d 763

2021 NY Slip Op 06768

Mountain Valley Indemnity Company, Respondent, v. Petronia Hylton, Appellant, et al., Defendant.

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

Decided December 2, 2021.


Attorney(s) appearing for the Case

Bruce S. Reznick, P.C., Brooklyn ( Thomas A. Torto of counsel), for appellant.

Mound Cotton Wollan & Greengrass LLP, New York ( Tania A. Gondiosa of counsel), for respondent.

Concur—Gische, J.P., Kapnick, Kern, Gesmer, Kennedy, JJ.


Plaintiff established that it properly disclaimed coverage for the underlying action by submitting evidence that, on the date of the loss, defendant did not live at the premises that were to be covered under the policy. Although she gave a sworn statement to the claims adjuster that she did live at the premises, defendant testified under oath at the deposition in the underlying action that she lived elsewhere at the time of the accident, and her deposition testimony was corroborated...

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