Legal Opinion

Hamelin v. ETNA Abstract Corp.

New York Supreme Court

Decided October 31, 1997PublishedCited by 1 opinion

1Opinion of the Court

*713OPINION OF THE COURT

David Demarest, J.

This lawsuit alleges causes of action for breach of contract and negligence arising out of defendant’s purported failure to discover and disclose a notice of attachment on certain real property which was a matter of public record when defendant undertook to conduct a title search for plaintiff. Plaintiff moves and defendant cross-moves for summary judgment. The court has considered plaintiff’s submissions and renders the following decision and order.

In March of 1994 plaintiff, as mortgagee, accepted a collateral security mortgage of property from…

2Cases cited9 opinions

  1. Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
  2. RKB Enterprises, Inc. v. Ernst & YoungAppellate Division of the Supreme Court of the State of New York · 1992
  3. Murray-Gardner Management, Inc. v. Iroquois Gas Transmission SystemAppellate Division of the Supreme Court of the State of New York · 1996
  4. Cruz v. Commonwealth Land Title InsuranceAppellate Division of the Supreme Court of the State of New York · 1990
  5. Turk v. BensonNorth Dakota Supreme Court · 1915

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3Cited by1 opinion

  1. Fawn Second Avenue LLC v. First American Title Insurance CompanyDistrict Court, S.D. New York · 2022

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