Ellis v. New York Central Mutual Fire Insurance (226 A.D.2d 1131, 1996)

Order and judgment unanimously reversed on the law with costs, cross motion denied and complaint reinstated. Memorandum: Supreme Court erred in granting defendant’s motion for summary judgment dismissing the complaint. A question of fact exists whether plaintiff was a resident of his father’s household and, therefore, an insured under the policy issued by defendant (see, Kradjian v American Mfrs. Mut. Ins. Co., 206 AD2d 801, 803). (Appeal from Order and Judgment of Supreme Court, Erie County, Mintz, J.—Summary Judgment.) Present—Lawton, J. P., Fallon, Callahan, Doerr and Davis, JJ.