SYLVANIA v. STEIN


177 N.J. Super. 117 (1980)

425 A.2d 701

JOSEPH SYLVANIA, PLAINTIFF, v. HARRY STEIN, DEFENDANT AND THIRD-PARTY PLAINTIFF, v. COMMONWEALTH LAND TITLE INSURANCE COMPANY, THIRD-PARTY DEFENDANT.

Superior Court of New Jersey, Chancery Division Atlantic County.

Decided November 17, 1980.


Attorney(s) appearing for the Case

Harris Aron for plaintiff (Valore, McAllister, Aron & Westmoreland, attorneys).

Arthur Momjian for defendant and third-party plaintiff (Cooper, Perskie, Katzman, April, Niedelman & Wagenheim, attorneys).

David A. Spitalnick for third-party defendant (Vasser, Spitalnick & Mazin, attorneys).


HAINES, J.S.C.

Plaintiff Joseph Sylvania claims a right-of-way over property of defendant Harry Stein. Title to the premises was insured by Commonwealth Land Title Insurance Company, through its predecessor, South Jersey Title and Insurance Company. Stein, claiming to be protected by the policy, demands that Commonwealth defend the action, a demand which it resists. Stein and Commonwealth have filed cross-motions for...

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