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SMIRLOCK RLTY v. TITLE GUAR

70 A.D.2d 455 (1979)

L. Smirlock Realty Corp., Appellant, v. Title Guarantee Company, Respondent

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

November 5, 1979

Attorney(s) appearing for the Case

Meyer, English, Cianciulli & Peirez, P. C. (Jeffrey G. Stark of counsel), for appellant.

Permut, Ashare, Boyle & Russo (John J. Boyle and Michael Permut of counsel), for respondent.

HOPKINS, J. P., COHALAN and MARTUSCELLO, JJ., concur.

LAZER, J.

In this action to recover on a policy of title insurance and for negligence, plaintiff appeals from a judgment of the Supreme Court, Nassau County, which, after a nonjury trial, dismissed its complaint and awarded defendant $71,550.08 on its counterclaim. The judgment should be affirmed.

On April 25, 1969 plaintiff entered into a contract to purchase a certain warehouse property in Inwood, New...

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