Busch v. Fidelity National Title Insurance

Appeal from an order of the Supreme Court (Demarest, J.), entered April 5, 2010 in Franklin County, which denied plaintiffs motion for partial summary judgment.

Plaintiff owns real property covered by a title insurance policy issued by defendants’ predecessor in interest. In 2003, plaintiffs *1562neighbors claimed that an easement granted them the right to construct and use a road over plaintiffs property. To stop the imminent construction, plaintiff hired counsel to immediately commence an action to quiet title. Counsel informed defendants of the action. Defendants then approved the hiring of…