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LA CANDELARIA EAST HARLEM COMMUNITY CTR., INC. v. FIRST AMERICAN TITLE INS. CO.

2668, 652872/11.

146 A.D.3d 473 (2017)

2017 NY Slip Op 00102

46 N.Y.S.3d 14

LA CANDELARIA EAST HARLEM COMMUNITY CENTER, INC., Appellant, et al., Plaintiff, v. FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK, Respondent.

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

Decided January 10, 2017.

There is no triable issue of fact as to whether nonparty Triad Abstract Ltd. had actual authority to enter into an escrow agreement with plaintiff-appellant which had nothing to do with the clearance of a title defect (see generally Standard Funding Corp. v Lewitt, 89 N.Y.2d 546, 550 [1997] ["Lewitt was expressly authorized only to issue insurance policies and to receive and collect premiums; nothing in the agency agreement authorized...

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