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D'Amico v. Pennsylvania Millers Mutual Insurance Co.

Court of Appeals of the State of New York
Feb 19, 1981
52 N.Y.2d 1000 (N.Y. 1981)

Opinion

Argued January 6, 1981

Decided February 19, 1981

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ANDREW J. DI PAOLA, J.

Melvin D. Freidel for Natalie D'Amico, as administrator of the estate of Stephen D'Amico, deceased, appellant.

Kevin J. Murtagh and James M. O'Brien for General Accident Fire Life Assurance Corp., Ltd., appellant.

Louis J. Castellano, Jr., for respondent.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs to Pennsylvania Millers Mutual Insurance Company.

The homeowner's policy issued by Pennsylvania Millers Mutual Insurance Company, by its express terms, would cover Dennis Traina as an insured only if he were a resident of his parents' household. Since the only evidence submitted by the parties establishes that Dennis did not actually reside in his parents' household at the relevant time, summary judgment was properly granted.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.

Order affirmed, etc.


Summaries of

D'Amico v. Pennsylvania Millers Mutual Insurance Co.

Court of Appeals of the State of New York
Feb 19, 1981
52 N.Y.2d 1000 (N.Y. 1981)
Case details for

D'Amico v. Pennsylvania Millers Mutual Insurance Co.

Case Details

Full title:NATALIE D'AMICO, as Administrator of the Estate of STEPHEN D'AMICO…

Court:Court of Appeals of the State of New York

Date published: Feb 19, 1981

Citations

52 N.Y.2d 1000 (N.Y. 1981)
438 N.Y.S.2d 290
420 N.E.2d 88

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