FRESH POND RD. ASSOCS. v. TRW TITLE INS. OF NEW YORK, INC.


176 A.D.2d 660 (1991)

Fresh Pond Road Associates, Respondent, v. TRW Title Insurance of New York, Inc., et al., Appellants

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

October 29, 1991


The plaintiff, Fresh Pond, is seeking to collect damages under a policy of title insurance, having lost its battle to obtain title to the property in question when the Queens County Supreme Court cancelled plaintiff's deed to the property and awarded specific performance to an assignee of the right of first refusal under the commercial lease with the seller. The contract for title insurance purports to indemnify plaintiff against "all loss or damage not exceeding the amount...

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