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SMIRLOCK v. TITLE GUAR. CO.

97 A.D.2d 208 (1983)

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

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

November 28, 1983

Attorney(s) appearing for the Case

Permut & Boyle (John J. Boyle and Michael Permut of counsel), for appellant-respondent.

Suozzi, English & Cianciulli, P. C., for respondent-appellant.

Ruskin & Gyory (Richard Gyory and Herbert B. Ruskin of counsel), for New York State Land Title Association, amicus curiae.

LAZER, J. P., THOMPSON and WEINSTEIN, JJ., concur.

GIBBONS, J.

We are called on in these appeals to review several questions pertaining to the determination and measure of damages recoverable by a fee holder in a suit on a policy of title insurance. Of particular importance is the measure of damage in a situation where there has been a partial failure of the insured's title. Related matters include the date which should be used for the purpose of computing the...

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