Evelyn R. Reisinger Et Al. v. Allstate Insurance Company

Appeal from an order of the Appellate Division of the Supreme Court in the Fourth Judicial Department, entered July 12, 1977,
which (1) reversed a judgment of the Supreme Court at Special Term (John A. Mastrella, J.), entered in Monroe County upon
an order granting plaintiffs' motion for summary judgment and denying defendant's cross motion for summary judgment, (2) granted
defendant's motion, and (3) dismissed the complaint. Plaintiffs commenced this action to recover first-party benefits for
injuries sustained by plaintiff Evelyn Reisinger when a gas stove exploded while she was cooking breakfast in a "mini-motor
home" insured by defendant. Defendant denied first-party benefits on the ground that the accident did not result from the
"use or operation" of a motor vehicle.