Lakeview Dev. at Carmel, LLC v. N.Y.C. Dep't of Entm’t Prot.
| Decision Date | 25 May 2016 |
| Docket Number | 2014-05353, Index No. 2310/09. |
| Parties | LAKEVIEW DEVELOPMENT AT CARMEL, LLC, plaintiff, v. NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION, et al., defendants; Fidelity National Title Insurance Company, as successor to Lawyers Title Insurance Corporation, third-party plaintiff-appellant; Premier Abstract, Ltd., third-party defendant-respondent. |
| Court | New York Supreme Court — Appellate Division |
139 A.D.3d 1016
30 N.Y.S.3d 844 (Mem)
2016 N.Y. Slip Op. 04026
LAKEVIEW DEVELOPMENT AT CARMEL, LLC, plaintiff,
v.
NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION, et al., defendants;
Fidelity National Title Insurance Company, as successor to Lawyers Title Insurance Corporation, third-party plaintiff-appellant;
Premier Abstract, Ltd., third-party defendant-respondent.
2014-05353, Index No. 2310/09.
Supreme Court, Appellate Division, Second Department, New York.
May 25, 2016.
Cuddy & Feder, LLP, White Plains, NY (Anthony P. Luisi of counsel), for third-party plaintiff-appellant.
Craig T. Bumgarner, P.C., Carmel, NY, for third-party defendant-respondent.
In an action, inter alia, to recover damages for breach of a title insurance policy, the third-party plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Putnam County (Reitz, J.), dated February 28, 2014, as denied its cross motion for summary judgment
on the issue of liability on the third-party complaint.
ORDERED that the order is affirmed insofar as appealed from, with costs.
The plaintiff commenced this action, inter alia, to recover damages for breach of a title insurance policy issued by Premier Abstract, Ltd. (hereinafter Premier), as agent for the defendant Lawyers Title Insurance Corporation (hereinafter LTIC). Fidelity National Title Insurance Company (hereinafter Fidelity), as successor in interest to LTIC, commenced this third-party action against Premier. In the third-party complaint, Fidelity alleged that Premier breached its agency agreement with LTIC, pursuant to which Premier agreed to indemnify LTIC for losses and damages arising from, among other things, the failure to follow the standard of care exercised by a New
York State title insurance agent in the preparation and issuance of title insurance commitments and...
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