Herbil Holding Co. v. Commonwealth Land Title Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
COPERTINO, J.
In order to determine whether the Supreme Court properly dismissed the complaint we must, inter alia, interpret the clause in a title insurance policy which excludes from coverage a loss arising from rights asserted by a "person in possession” of the subject real property. Specifically, we must decide if the exclusion bars recovery after a successful claim by a record owner that the judgment of foreclosure under which the insureds purchased the property was improperly entered against him. The question appears to be one of first impression in New York, and we…
2Cases cited14 opinions
- Jacobson v. SassowerNew York Court of Appeals · 1985
- L. Smirlock Realty Corp. v. Title Guarantee Co.New York Court of Appeals · 1981
- L. Smirlock Realty Corp. v. Title Guarantee Co.Appellate Division of the Supreme Court of the State of New York · 1979
- Byrnes v. PalmerAppellate Division of the Supreme Court of the State of New York · 1897
- Guberman v. William Penn Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1989
9 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Citibank, N. A. v. Chicago Title InsuranceAppellate Division of the Supreme Court of the State of New York · 1995
- Fekishazy v. ThomsonAppellate Division of the Supreme Court of the State of New York · 1994
- Astoria Federal Savings & Loan Ass'n v. JuneAppellate Division of the Supreme Court of the State of New York · 1993
- Mannino v. Agway, Inc. Group TrustAppellate Division of the Supreme Court of the State of New York · 1993
- Chrysler First Financial Services Corp. of America v. Chicago Title InsuranceNew York Supreme Court · 1993
16 more not listed; retrieve them via the Exa API.