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WOLF v. COMMONWEALTH INS.

180 Misc.2d 307 (1999)

690 N.Y.S.2d 880

Joel Wolf et al., Respondents, v. Commonwealth Land Title Insurance Company, Appellant.

Supreme Court, Appellate Term, First Department.

April 6, 1999

Attorney(s) appearing for the Case

Butler, Fitzgerald & Potter, New York City (David K. Fiveson of counsel), for appellant. Elliot M. Rudick, New York City, for respondents.

PARNESS, P. J., McCOOE and DAVIS JJ., concur.

Per Curiam.

Order entered June 3, 1998, insofar as appealed from, reversed, with $10 costs, and defendant's motion for summary judgment dismissing the complaint is granted.

Plaintiffs sellers commenced this breach of contract action to recover the cost of removing an illegal deck/extension to their premises under a title insurance policy issued by defendant. The deck/extension purportedly violated the certificate...

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