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BEN-AVRAHAM v. LAWYERS INS.

5 Misc.3d 791 (2004)

786 N.Y.S.2d 272

UZI BEN-AVRAHAM, Plaintiff v. LAWYERS TITLE INSURANCE CORP., Defendant.

Supreme Court, New York County.

August 27, 2004.

Attorney(s) appearing for the Case

Seligson Rothman & Rothman, New York City, for plaintiff.

McCarter & English, LLP, New York City, for defendant.

OPINION OF THE COURT

SARALEE EVANS, J.

Plaintiff condominium owner seeks a declaration that the company insuring title to his premises is obliged to defend and indemnify him in connection with a suit brought by the owner of the building adjacent to his. That owner, Wampanoag Development Co., LLC, has brought an action alleging that elements of the building in which plaintiff owns a unit encroach upon the adjoining...

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