Loccisano v. Ayers

In an action, inter alia, to recover damages for negligence, the defendant Conestoga Title Insurance Company appeals from an order of the Supreme Court, Kings County (Battaglia, J.), dated August 16, 2013, which denied its motion for summary judgment dismissing the fourth cause of action.

Ordered that the order is affirmed, with costs.

The Supreme Court correctly determined that the defendant Conestoga Title Insurance Company (hereinafter Conestoga) failed to establish its prima facie entitlement to judgment as a matter of law dismissing the fourth cause of action, wherein the plaintiff alleged…