ALL STATE PROPERTIES, LLC v. OLD REPUBLIC NATIONAL TITLE INSURANCE CO.

2011-00810.

95 A.D.3d 1049 (2012)

944 N.Y.S.2d 310

2012 NY Slip Op 3790

ALL STATE PROPERTIES, LLC, Appellant, v. OLD REPUBLIC NATIONAL TITLE INSURANCE CO., Respondent, et al., Defendant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 15, 2012.


Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant Old Republic National Title Insurance Company (hereinafter Old Republic) established its prima facie entitlement to judgment as a matter of law by demonstrating that the plaintiff, its insured, breached the subject title insurance policy by failing to cooperate with Old Republic in connection with the plaintiff's claim. It is undisputed that, less than one month after giving Old...

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