NAT'L HEAT & POWER CORP. v. CITY TITLE INS. CO.


57 A.D.2d 611 (1977)

National Heat & Power Corp., Appellant, v. City Title Insurance Company, Respondent

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

April 25, 1977


Judgment affirmed, with costs.

The gravamen of the complaint herein is defendant-respondent's failure to discover, before the closing of title to the real property it insured, that an involuntary bankruptcy petition had been filed against plaintiff's grantor three days earlier. The trustee in bankruptcy subsequently brought an action against the plaintiff grantee and others to declare the transfer of the bankrupt's real and personal property to be fraudulent, null...

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