KIDD v. HAVENS


171 A.D.2d 336 (1991)

Edmund L. Kidd, Plaintiff, v. Robert J. Havens, III, Defendant and Third-Party Plaintiff-Appellant, et al., Defendants Jefferson Abstract Corporation, Third-Party Defendant-Respondent

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

November 15, 1991


Attorney(s) appearing for the Case

Conboy, McKay, Bachman & Kendall (Stephen W. Gebo of counsel), for defendant and third-party plaintiff-appellant.

Smith, Sovik, Kendrick, Schwarzer & Sugnet, P. C. (James A. O'Shea of counsel), for third-party defendant-respondent.

CALLAHAN, A. P. J., GREEN, BALIO and DAVIS, JJ., concur.


DENMAN, J.

The issue presented is whether a title company may be liable for negligence in certifying title to a purchaser of property with whom the title company was not in contractual privity, but for whose benefit the certification was made. We answer that question in the affirmative.

Robert J. Havens, the defendant, contracted to purchase real property from Richard and Annette D'Amico. Pursuant to...

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