Jones v. McDonald

— Order unanimously reversed on the law without costs and judgment granted, in accordance with the following Memorandum: On a motion for summary judgment in this declaratory judgment action, defendant Nationwide Insurance Company (Nationwide), submitted affidavits to the court asserting that, at the time of plaintiffs automobile accident, the driver of the second vehicle (McDonald) was not a resident of his mother’s and stepfather’s household as that term was defined in the automobile liability policy purchased by them from Nationwide (see, Allstate Ins. Co. v Gominiak, 147 AD2d 979; see…