L. Smirlock Realty Corp. v. Title Guarantee Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Gibbons, J.
We are called on in these appeals to review several questions pertaining to the determination and measure of damages recoverable by a fee holder in a suit on a policy of title insurance. Of particular importance is the measure of damage in a situation where there has been a partial failure of the insured’s title. Related matters include the date which should be used for the purpose of computing the value of any loss, whether improvements to the property made subsequent to the policy’s execution should be taken into account, and the propriety of the trial court’s…
2Cases cited25 opinions
- Pace v. PerkAppellate Division of the Supreme Court of the State of New York · 1981
- L. Smirlock Realty Corp. v. Title Guarantee Co.New York Court of Appeals · 1981
- Staats v. Executors of Ten EyckNew York Supreme Court · 1805
- L. Smirlock Realty Corp. v. Title Guarantee Co.Appellate Division of the Supreme Court of the State of New York · 1979
- Grady v. Utica Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1979
20 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Lawyers' Fund for Client Protection v. Bank Leumi Trust Co.New York Court of Appeals · 2000
- Libeson v. Copy Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1990
- Vasquez v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2012
- Herbil Holding Co. v. Commonwealth Land Title InsuranceAppellate Division of the Supreme Court of the State of New York · 1992
- Swanson v. Safeco Title InsuranceCourt of Appeals of Arizona · 1995
19 more not listed; retrieve them via the Exa API.