| Cassidy v Allstate Ins. Co. |
| 2009 NY Slip Op 05077 [63 AD3d 869] |
| June 16, 2009 |
| Appellate Division, Second Department |
| George Cassidy, Appellant, v Allstate Insurance Company,Respondent. |
—[*1] Bruno, Gerbino & Soriano, LLP, Melville, N.Y. (Charles W. Benton of counsel), forrespondent.
In an action to recover damages for breach of a contract of insurance, the plaintiff appealsfrom an order of the Supreme Court, Kings County (Martin, J.), dated October 3, 2008, whichdenied his motion for summary judgment on the issue of liability.
Ordered that the order is affirmed, with costs.
The Supreme Court properly denied the plaintiff's motion for summary judgment on theissue of liability on the ground that there is a triable issue of fact as to whether the insured madematerial misrepresentations concerning the loss for which coverage is sought. To the extent thatthe parties present conflicting evidence, it is clear that resolution of the issue will requirecredibility determinations, which are not proper on a motion for summary judgment, with limitedexceptions not applicable here (see 6243 Jericho Realty Corp. v AutoZone, Inc., 27AD3d 447 [2006]). Skelos, J.P., Santucci, Belen and Chambers, JJ., concur.