Legal Opinion

Citibank, N. A. v. Chicago Title Insurance

Appellate Division of the Supreme Court of the State of New York

Decided September 28, 1995PublishedCited by 21 opinions

1Opinion of the Court

OPINION OF THE COURT

Sullivan, J. P.

This appeal presents the issue of whether a mortgagee, here Citibank, the insured under a mortgage title insurance policy, may, absent proof that its alleged loss was occasioned by the subordination of the insured mortgage to other liens and encumbrances, recover damages against the insurer in negligence and/or breach of contract based upon the insurer’s faulty title search.

In 1987, Citibank was approached by Thomas Duke with a proposal to refinance an existing mortgage held by Citytrust *214in the principal amount of $790,000 on premises located at 11 Bevin…

2Cases cited13 opinions

  1. Federal Trade Commission v. Ticor Title InsuranceSupreme Court of the United States · 1992
  2. L. Smirlock Realty Corp. v. Title Guarantee Co.New York Court of Appeals · 1981
  3. L. Smirlock Realty Corp. v. Title Guarantee Co.Appellate Division of the Supreme Court of the State of New York · 1979
  4. Empire Development Co. v. Title Guarantee & Trust Co.New York Court of Appeals · 1918
  5. Trenton Potteries Co. v. Title Guarantee & Trust Co.New York Court of Appeals · 1903

8 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. DLJ Mortgage Capital, Inc. v. KontogiannisNew York Court of Appeals · 2013
  2. Mazer-Marino v. S.J.P.B., Inc. (In re Thakur)District Court, S.D. New York · 2013
  3. Eliopoulos v. Nation's Title Insurance of New York, Inc.District Court, N.D. New York · 1996
  4. McColgan v. BrewerAppellate Division of the Supreme Court of the State of New York · 2010
  5. Pryor v. Commonwealth Land Title InsuranceAppellate Division of the Supreme Court of the State of New York · 2003

16 more not listed; retrieve them via the Exa API.

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