NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY v. SMITH


16 A.D.3d 1028 (2005)

791 N.Y.S.2d 788

NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Respondent, v. WILLIAM F. SMITH, Defendant, and TRACEY BOYETTE et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

March 18, 2005.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion and cross motion are granted and the complaint is dismissed.

Memorandum:

Defendant Tracey Boyette and her son, defendant Kameron Wilson, resided in premises owned by defendant William F. Smith and insured under a homeowner's policy issued by plaintiff. Wilson was receiving treatment for lead poisoning when his family moved...

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