Legal Opinion

In re Fidelity National Title Insurance

New York Supreme Court

Decided November 28, 2011Published

1Opinion of the Court

OPINION OF THE COURT

Peter H. Moulton, J.

It is ordered that this motion for an order directing the issuance of an open commission to enable movant to take the deposition of Eliyahu Ezaqui in the State of Florida, where Ezaqui is currently incarcerated, and directing Ezaqui to answer questions and not assert a Fifth Amendment privilege against self-incrimination is denied, and the underlying petition is dismissed.

Petitioner Fidelity National Title Insurance Company (Fidelity) brought this petition in April 2011 pursuant to CPLR 3102 (c) to preserve certain information before the commencement of…

2Cases cited7 opinions

  1. General Aniline & Film Corp. v. Bayer Co.New York Court of Appeals · 1953
  2. People v. . CadyNew York Court of Appeals · 1894
  3. Farrell v. Lautob Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1994
  4. Travelers Indemnity Co. v. United Diagnostic Imaging, P.C.Appellate Division of the Supreme Court of the State of New York · 2010
  5. General Aniline & Film Corp. v. Bayer Co.New York Supreme Court · 1946

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