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COSTAGLIOLA v. LAWYERS TITLE INS.

234 N.J. Super. 400 (1988)

560 A.2d 1285

NICOLA COSTAGLIOLA AND MARY COSTAGLIOLA, HIS WIFE, PLAINTIFFS, v. LAWYERS TITLE INSURANCE CORP., A CORPORATION OF THE STATE OF VIRGINIA AUTHORIZED TO DO BUSINESS IN THE STATE OF NEW JERSEY, AND EARL SMITH AND BETTY SMITH, HIS WIFE, DEFENDANTS. LAWYERS TITLE INSURANCE CORP., DEFENDANT-THIRD PARTY PLAINTIFF, v. KEE ENGINEERING, INC., AND ROBERT T. KEE, JR., THIRD PARTY DEFENDANTS. EARL SMITH AND BETTY SMITH, DEFENDANTS-THIRD PARTY PLAINTIFFS, v. NEW JERSEY REALTY TITLE INSURANCE COMPANY, THIRD PARTY DEFENDANT.

Superior Court of New Jersey, Chancery Division Monmouth County.

Decided December 20, 1988.

Attorney(s) appearing for the Case

Jerry J. Massell for third-party plaintiffs, Smith (Massell, Massell & Vincent, attorneys).

Robert E. Burns for third-party defendant, New Jersey Realty Title Insurance Company.

McGANN, J.S.C.

This matter arose out of a boundary line dispute. What is left for resolution is the claim of the defendants-third party plaintiffs, Smith, against the third party defendant, New Jersey Realty Title Insurance Company. The background facts are the following.

By deed dated January 25, 1973, the defendants-third party plaintiffs, Smiths, acquired title to property known as Block 30, Lot 5 in Millstone Township. Their title was insured by third...

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