SCAGLIONE v. COMMONWEALTH LAND TITLE INSURANCE COMPANY


303 A.D.2d 671 (2003)

757 N.Y.S.2d 84

RICARDO SCAGLIONE et al., Appellants, v. COMMONWEALTH LAND TITLE INSURANCE COMPANY, Respondent.

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

Decided March 24, 2003.


Ordered that the judgment is affirmed, with costs.

The plaintiffs contend that the defendant breached its title insurance policy by failing to provide coverage for a private street easement affecting the insured premises claimed by the City of New York as an adjoining landowner. The premises are located in the bed of a "paper" street known as Avenue Y also known as Bergen Avenue, which was originally laid out as a street on a subdivision map entitled "Map of Bergen...

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