Fresh Pond Road Associates v. TRW Title Insurance

— Order, Supreme Court, New York County (Carol H. Arber, J.), entered May 31, 1991, which denied defendants’ motion for summary judgment to dismiss the complaint, unanimously affirmed, with costs.

The plaintiff, Fresh Pond, is seeking to collect damages under a policy of title insurance, having lost its battle to obtain title to the property in question when the Queens County Supreme Court cancelled plaintiff’s deed to the property and awarded specific performance to an assignee of the right of first refusal under the commercial lease with the seller. The contract for title insurance purports…