Luboff v. Security Title & Guaranty Co.

This motion for an order under CPLR 3212 striking the answer of the defendant and granting summary judgment to the plaintiffs is denied. Summary judgment dismissing the complaint is- granted to the defendant.

This is an action brought by the purchasers of homes from a real estate developer in the Town of G-reenburgh, Westchester County, against a title insurance company, based on the company’s failure to include in its exception to policies of title insurance an agreement relating to assessments for street, water and sewer improvements.

On February 23, 1955, a corporation named Cross Roads…