UDELL v. CITY TITLE INS. CO.


12 A.D.2d 78 (1960)

Nathan Udell, Respondent, v. City Title Insurance Co., Appellant

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

December 20, 1960.


Attorney(s) appearing for the Case

Alfred J. Bohlinger of counsel (William M. Kaplan and Barry Silverman with him on the brief; Aranow, Brodsky, Bohlinger, Einhorn & Dann, attorneys), for appellant.

Joseph Lewis Simon for respondent.

BOTEIN, P. J., McNALLY, STEVENS and NOONAN, JJ., concur.


RABIN, J.

The plaintiff contracted to purchase a six-story loft building and shortly thereafter retained the defendant title company to search the title and issue a policy of title insurance. The defendant prepared the customary title report which contained a description of the property. This description revealed the presence of a party wall on the westerly side but failed to show a party wall on the easterly...

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