AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)

HEIDI ASSOCIATES, Respondent, v. LAWYERS TITLE INSURANCE COMPANY, Appellant.

Order reversed, with costs, defendant's motion for summary judgment on the first cause of action of the complaint granted and plaintiff's motion for summary judgment on said cause of action denied. Certified question answered in the negative. We agree with so much of the dissenting memorandum of Justice Ernst Rosenberger at the Appellate Division ( 112 A.D.2d 844, 847-850) as concluded that the in rem proceeding upon which plaintiff's claim is based is not a separate encumbrance from the tax liens to which the defendant title insurer had duly excepted. Given those exceptions in the commitment and title policy, Insurance Law § 1113 (a) (18), which defines title insurance generally, does not require a contrary conclusion.

Concur: Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR.

Use AI to get other relevant cases.

Comments

HEIDI ASSOCIATES v. LAWYERS TITLE INSURANCE COMPANY
(May 29, 1986)