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STEWART TITLE GUAR. v. GREENLANDS REALTY, L.L.C.

Civil Action No. 97-3577.

58 F.Supp.2d 360 (1999)

STEWART TITLE GUARANTY CO., Plaintiff, v. GREENLANDS REALTY, L.L.C., Defendant, v. Stewart Title Guaranty Co., Title Company of New Jersey and Sun International of North America, Inc., Additional Counterclaim Defendants.

United States District Court, D. New Jersey.

May 12, 1999.

Attorney(s) appearing for the Case

Stuart Alderoty, David P. Kalm, Leboeuf, Lamb, Greene & Macrae, L.L.P., Newark, NJ, for Plaintiff and Additional Counterclaim Defendant, Stewart Title Guaranty Company and Additional Counterclaim Defendant, Title Company of New Jersey.

Linda J. Cohen, Cozen and O'Connor, Westmont, NJ, Robert W. Hayes, Cozen and O'Connor, Philadelphia, PA, Attorneys for Defendant, Greenlands Realty, L.L.C.

Philip B. Seaton, Gregory A. Lomax, Kozlov, Seaton, Romanini, Brooks, & Greenberg, Cherry Hill, NJ, Attorneys for Additional Counterclaim Defendant, Sun International of North America, Inc.

OPINION

ORLOFSKY, District Judge.

This case requires me to examine the issue of marketability of title, a legal concept frequently tested on law school and bar examinations, but infrequently considered in judicial opinions. As a consequence of its rare appearance in recent published opinions, I must recede into the annals of the history of New Jersey property law, to apply an ancient doctrine to a modern day commercial dispute.

The dispute between...

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