HERBIL CO v. COMMONWEALTH INS


183 A.D.2d 219 (1992)

Herbil Holding Co. et al., Appellants, v. Commonwealth Land Title Insurance Company, Respondent

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

November 18, 1992


Attorney(s) appearing for the Case

Cohn, Rosenthal & Avrutine, Baldwin (William S. Cohn and Howard D. Avrutine of counsel), for appellants.

Kirschenbaum & Kirschenbaum, P. C., Garden City (Samuel Kirschenbaum and Ira Levine of counsel), for respondent.

BRACKEN, J. P., HARWOOD and MILLER, JJ., concur.


COPERTINO, J.

In order to determine whether the Supreme Court properly dismissed the complaint we must, inter alia, interpret the clause in a title insurance policy which excludes from coverage a loss arising from rights asserted by a "person in possession" of the subject real property. Specifically, we must decide if the exclusion bars recovery after a successful claim by a record owner that the judgment...

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