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JING YU v. ALLSTATE INS. CO.

2019-12451. Index No. 713475/16.

208 A.D.3d 857 (2022)

174 N.Y.S.3d 711

2022 NY Slip Op 05079

Jing Yu, Appellant, v. Allstate Insurance Company et al., Respondents.

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

Decided August 31, 2022.

Attorney(s) appearing for the Case

Craig A. Blumberg, New York, NY (Michael P. Lagnado of counsel), for appellant.

Feldman Rudy Kirby & Farquharson, P.C., Jericho, NY (Gerald F. Kirby of counsel), for respondent Allstate Insurance Company.

Wilson Elser Moskowitz Edelman & Dicker LLP, New York, NY (Sade A. Forte, Joseph L. Francoeur, and Judy C. Selmeci of counsel), for respondent Better Choice Agency, Inc.

Brathwaite Nelson, J.P., Chambers, Christopher and Wooten, JJ., concur.

Ordered that the judgment is affirmed, with one bill of costs.

On August 12, 2016, the plaintiff's real property in Elmhurst was damaged by fire. Thereafter, the plaintiff submitted a claim to her insurer, Allstate Insurance Company (hereinafter Allstate). Allstate disclaimed coverage on the ground that the plaintiff was not residing at the property at the time of the fire, and thus, the plaintiff's claim was not covered under the subject homeowner's insurance policy...

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