BX Third Avenue Partners, LLC v. Fidelity National Title Insurance

Order, Supreme Court, Bronx County (Julia Rodriguez, J.), entered January 8, 2013, which, to the extent appealed from as limited by the briefs, denied plaintiff’s motion for summary judgment against defendant Fidelity National Title Insurance Company on plaintiff’s breach of contract claim, and denied plaintiffs motion for summary judgment dismissing Fidelity’s first and second counterclaims, unanimously modified, on the law, to grant plaintiffs motion to dismiss the counterclaims, declare that Fidelity cannot avoid liability under the policy by virtue of its insured’s alleged…