CALAMARI v. GRACE


98 A.D.2d 74 (1983)

Peter E. Calamari et al., Plaintiffs, v. J. Peter Grace III, et al., Defendants and Third-Party Plaintiffs-Appellants. First American Title Insurance Company of New York, Third-Party Defendant-Respondent

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

December 5, 1983


Attorney(s) appearing for the Case

Sprague, Dwyer, Aspland & Tobin (John J. Milligan and John E. Regan of counsel), for appellants.

Dollinger, Gonski & Grossman, (Leslie A. Foodim of counsel), for respondent.

LAZER, J. P., GULOTTA and RUBIN, JJ., concur.


WEINSTEIN, J.

This appeal brings up for review the issue of the privity requirement as a potential bar to recovery by third parties in professional malpractice cases. More specifically, it focuses upon the liability of a title insurer for errors in or omissions from an abstract of title which had been prepared at the request of one other than the party currently seeking damages from the insurer. It arises in the context of an action on behalf of the grantees...

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