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ALMONTE v. CASTLEPOINT INS. CO.

1379, 112220/11.

140 A.D.3d 658 (2016)

33 N.Y.S.3d 718

2016 NY Slip Op 05225

JUAN RAMON ALMONTE et al., Appellants, v. CASTLEPOINT INSURANCE COMPANY, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 30, 2016.

The motion court properly granted summary judgment to CastlePoint, based on its determination that the premises contained a basement apartment rendering it a "three family" dwelling, as opposed to the "two family" designation that was listed on the insurance application (see Dauria v CastlePoint Ins. Co., 104 A.D.3d 406, 406-407 [1st Dept 2013], appeal dismissed 24 N.Y.3d 1008 [2014]). As...

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