Dean v. Tower Insurance Co.

Order, Supreme Court, New York County (Joan A. Madden, J.), entered May 7, 2010, which granted defendant’s motion for summary judgment dismissing the complaint and denied plaintiffs’ cross motion for summary judgment on liability, unanimously modified, on the law, defendant’s motion denied, the complaint reinstated, and otherwise affirmed, without costs.

Defendant failed to satisfy its prima facie burden on its motion for summary judgment. Because the “residence premises” insurance policy fails to define what qualifies as “resides” for the purposes of attaching coverage, the policy is…