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  5. 67 N.Y.2d 1041 (1986)
 

HEIDI ASSOCS. v. LAWYERS TITLE INS. CO.

67 N.Y.2d 1041 (1986)

Heidi Associates, Respondent, v. Lawyers Title Insurance Company, Appellant.

Court of Appeals of the State of New York.

Decided May 29, 1986.

Attorney(s) appearing for the Case

Arthur S. Linker and James M. Pedowitz for appellant.

Richard L. Herzfeld and Jerome M. Leitner for respondent.

Samuel Kirschenbaum for New York State Land Title Association, amicus curiae.

Concur: Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR.

Order reversed, with costs, defendant's motion for summary judgment on the first cause of action of the complaint granted and plaintiff's motion for summary judgment on said cause of action denied. Certified question answered in the negative. We agree with so much of the dissenting memorandum of Justice Ernst Rosenberger at the Appellate Division (112 A.D.2d 844, 847-850) as concluded that the...

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