GUERRERA v. FOUNDATION TITLE & ESCROW CORP.


303 A.D.2d 456 (2003)

755 N.Y.S.2d 900

SALVATORE GUERRERA, Respondent, v. FOUNDATION TITLE & ESCROW CORP., Defendant, and FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK, Appellant.

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

Decided March 10, 2003.


Ordered that the order is modified, on the law, by deleting the provision thereof denying those branches of the motion which were for summary judgment dismissing the second, third, and fourth causes of action and substituting therefor a provision granting those branches of the motion; as so modified, the order is affirmed, without costs or disbursements.

The plaintiff's second cause of action, sounding in negligence, is time-barred and therefore should have been dismissed...

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