Allstate Insurance v. Gominiak

— Order unanimously reversed on the law without costs and summary judgment granted, in accordance with the following memorandum: Plaintiff Allstate Insurance Company asserts that Special Term erred in denying its summary judgment motion. We agree. On or about July 29, 1985 Allstate issued a homeowner’s insurance policy to Gerald Gominiak covering the premises at 20 Sage Street, Buffalo. The policy defined an insured person to include any relative of Gerald Gominiak, if a resident of his household. On September 9, 1985 Gerald Gominiak’s son, defendant Randall Gominiak, was involved in a…