Legal Opinion

Stewart Title Guaranty Co. v. Greenlands Realty, LLC

District Court, D. New Jersey

Decided July 20, 1999No. CIV. A. 97-3577PublishedCited by 15 opinions

1Opinion of the Court

OPINION

ORLOFSKY, District Judge.

This case requires me to revisit the concept of marketability of title, 1 and consider whether every defect in title renders title unmarketable. I must also examine the nebulous line dividing the realm of contract law from that of tort law by applying the New Jersey Supreme Court’s holding in Walker Rogge, Inc. v. Chelsea Title & Guaranty Co., 116 N.J. 517, 562 A.2d 208 (1989).

The dispute arises out of an agreement between Defendant, Greenlands Realty, L.L.C. (“Greenlands”), and Additional Counterclaim Defendant, Sun International of North America, Inc.…

2Cases cited31 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. Lujan v. National Wildlife FederationSupreme Court of the United States · 1990
  5. Pennsylvania Coal Association, an Unincorporated Association v. Bruce Babbitt, Secretary of the Interior of the United States Department of Interior Robert Uram, Director, Office of Surface Mining Reclamation and Enforcement, United States Department of Interior, Pennsylvania Department of Environmental Resources (Der), Intervenor in D.C. Pennsylvania Coal Association, an Unincorporated Association v. Bruce Babbitt, Secretary of the Interior of the United States Department of Interior Robert Uram, Director, Office of Surface Mining Reclamation and Enforcement, United States Department of Interior Pennsylvania Department of Environmental Resources (Der), Intervenor in D.C. Commonwealth of Pennsylvania, Department of Environmental ResourcesCourt of Appeals for the Third Circuit · 1995

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3Cited by15 opinions

  1. Saltiel v. GSI Consultants, Inc.Supreme Court of New Jersey · 2002
  2. Grund v. Delaware Charter Guarantee & Trust Co.District Court, S.D. New York · 2011
  3. Farris v. County of CamdenDistrict Court, D. New Jersey · 1999
  4. Great American Insurance v. Subranni (In Re Tri-State Armored Services, Inc.)United States Bankruptcy Court, D. New Jersey · 2005
  5. RTC Mortgage Trust 1994 N-1 v. Fidelity National Title InsuranceDistrict Court, D. New Jersey · 1999

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