Legal Opinion
Ben-Avraham v. Lawyers Title Insurance
New York Supreme Court
Decided August 27, 2004Published
1Opinion of the Court
OPINION OF THE COURT
Saralee Evans, J.
*792Plaintiff condominium owner seeks a declaration that the company insuring title to his premises is obliged to defend and indemnify him in connection with a suit brought by the owner of the building adjacent to his. That owner, Wampanoag Development Co., LLC, has brought an action alleging that elements of the building in which plaintiff owns a unit encroach upon the adjoining building with which it shares a party wall. The action alleges that a vertical extension of the demising wall rising above the roof of Wampanoag’s building, as well as elements built…
2Cases cited8 opinions
- Continental Casualty Co. v. Rapid-American Corp.New York Court of Appeals · 1993
- Technicon Electronics Corp. v. American Home Assurance Co.New York Court of Appeals · 1989
- Town of Massena v. Healthcare Underwriters Mutual InsuranceNew York Court of Appeals · 2002
- L. Smirlock Realty Corp. v. Title Guarantee Co.New York Court of Appeals · 1981
- Incorporated Village of Cedarhurst v. Hanover InsuranceNew York Court of Appeals · 1996
3 more not listed; retrieve them via the Exa API.