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HSA RESIDENTIAL MORTGAGE SERVICES OF TEXAS, INC. v. STEWART TITLE GUARANTY CO.

7 A.D.3d 426 (2004)

776 N.Y.S.2d 791

HSA RESIDENTIAL MORTGAGE SERVICES OF TEXAS, INC., Appellant, v. STEWART TITLE GUARANTY CO. ET AL., Respondents, ET AL., Defendants.

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

May 20, 2004.

Plaintiff's allegations that the title insurer defendants are responsible as principals for the master settlement agent's diversion of mortgage funds advanced by plaintiff is contradicted by the language of the underwriting agreements cited by plaintiff as illustrative of the supposedly expansive agency relationship (see CIBC Bank & Trust Co. v Credit Lyonnais, 270 A.D.2d 138 [2000]). Nor does plaintiff allege any words or conduct...

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