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Cotillis v. N.Y. Cent. Mut. Fire Ins.

Proof Sufficient to Establish Plaintiff Resided at Insured Premises; Dwelling Award Remain

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MEMORANDUM AND ORDER

*1 Appeals (1) from an order of the Supreme Court (Reynolds Fitzgerald, J.), entered January 11, 2017 in Broome County, which denied defendant’s motion to set aside the verdict, and (2) from a judgment of said court, entered January 19, 2017 in Broome County, upon a verdict rendered in favor of plaintiff. SHARON AARONS, J.In September 2013, a fire damaged a house (hereinafter the insured premises) owned by plaintiff in the City of Binghamton, Broome County. The insured premises was a two-family house wherein plaintiff lived in the top-floor unit, and the first-floor unit was used as rental property. At the time of the fire, the insured premises was insured under a homeowner’s insurance policy issued by defendant to plaintiff. Plaintiff claimed a

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