Nagi v. New York Property Insurance Underwriting Ass'n

—Order unanimously reversed on the law without costs, motion denied and complaint reinstated. Memorandum: Supreme Court erred in granting defendant’s motion for summary judgment dismissing the complaint in this action to recover insurance proceeds for property damaged by fire. The court properly determined that defendant established that the insured premises, a building comprised of three apartments and a store front, was vacant or unoccupied for 60 consecutive days before the fire, thereby excluding coverage pursuant to the policy terms. Plaintiff, however, raised a question of fact whether…