CUMMINS v. US LIFE TIT INS CO.


40 N.Y.2d 639 (1976)

Seymour K. Cummins et al., Respondents, v. U. S. Life Title Insurance Company of New York, Appellant.

Court of Appeals of the State of New York.

Decided October 21, 1976.


Attorney(s) appearing for the Case

Thomas Charles Lambert and Samuel Kirschenbaum, New York City, for appellant.

Reuben Schreiber, New York City, for respondents.

Bernard S. Meyer and Daniel Palmieri, Mineola, for The New York State Land Title Association, amicus curiae.

Judges JASEN, GABRIELLI and WACHTLER concur with Judge JONES; Judge COOKE dissents and votes to affirm in a separate opinion in which Chief Judge BREITEL and Judge FUCHSBERG concur.


JONES, J.

We are asked to determine the liability of a title insurance company for nondisclosure of a municipal ordinance predictive of the later adoption of a special assessment to defray the cost of construction of canal bulkheads in the City of Long Beach.

The extent of appellant title company's obligation is to be determined by reference to the provisions of the policy of title insurance which it...

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