JR & J HOLDING CO. v. COMMONWEALTH LAND TITLE & INS. CO.


236 A.D.2d 204 (1997)

653 N.Y.S.2d 849

JR & J Holding Company, Appellant, v. Commonwealth Land Title & Insurance Company et al., Respondents

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

February 4, 1997


The motion court correctly found that, as a matter of law, the release of the guarantors of plaintiff's junior mortgage loan and the foreclosure of the senior mortgage were intervening causes that precluded any alleged negligence of defendants (in failing to record deed) from constituting a proximate cause of plaintiff's loss.

Dismissal of the claim against defendant abstract company was appropriate in light of plaintiff's failure to allege, because of the latter...

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