Sedlacek v. Dryden Mutual Insurance

—Crew III, J.

Appeal from an order of the Supreme Court (Coutant, J.), entered September 10, 1998 in Broome County, which granted defendant’s motion for summary judgment dismissing the complaint.

Plaintiff owned a four-family apartment building in the City of Binghamton, Broome County, which he sold to his daughter, Mary Beth Hamilton, pursuant to an oral agreement. No deed was executed and plaintiff remained the titled owner. The agreement between plaintiff and Hamilton provided, inter alia, that the latter was responsible to insure the property and, in accordance therewith, she purchased a…