Maggio v. Abstract Title & Mortgage Corp.

Judgment and order affirmed, with costs. Memorandum: We think that there was ample evidence to sustain the finding of the trial court that the plaintiffs did not rely upon the tax search and suffered no loss, the risk of which they did not assume. We deem it proper to point out that a tax search whether labelled “ guaranteed ” or not is not an instrument similar in nature to a policy of title insurance and that the obligations of one differ from the obligations of the other. In the ease of a search, the maker is under a duty of care' such as an attorney would be in making a search or abstract…