CASSIDY v. ALLSTATE INS

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the plaintiff's motion for summary judgment on the issue of liability on the ground that there is a triable issue of fact as to whether the insured made material misrepresentations concerning the loss for which coverage is sought. To the extent that the parties present conflicting evidence, it is clear that resolution of the issue will require credibility determinations, which are not proper on a motion for summary judgment, with limited exceptions not applicable here ( see 6243 Jericho Realty Corp. v AutoZone, Inc., 27 AD3d 447).