New York Central Mutual Fire Insurance v. Sweet

Appeal from an order of the Supreme Court (Sise, J.), entered November 7, 2003 in Washington County, which, inter alia, granted defendants’ cross motions for summary judgment and declared that plaintiff is obligated to defend and indemnify defendants Lawrence Sweet and Deirdre Sweet in an underlying action.

Plaintiff issued a homeowner’s insurance policy to defendants Lawrence Sweet and Deirdre Sweet. The Sweets’ daughter lived with her parents. The daughter’s fiancé, defendant Casey DeLong, moved into the Sweets’ home in the spring of 1998. A few months later, DeLong obtained legal custody of…