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1440 EMPIRE BOULEVARD DEVELOPMENT CORP. v. LAWYERS TITLE INSURANCE CORPORATION

19 Misc.3d 161 (2007)

855 N.Y.S.2d 825

1440 EMPIRE BOULEVARD DEVELOPMENT CORP., Plaintiff, v. LAWYERS TITLE INSURANCE CORPORATION, Defendant.

Supreme Court, Monroe County.

September 25, 2007.

Attorney(s) appearing for the Case

Phillips Lytle LLP, Rochester (Mark J. Moretti of counsel), for defendant.

Knauf Shaw LLP, Rochester (Alan J. Knauf of counsel), for plaintiff.

OPINION OF THE COURT

KENNETH R. FISHER, J.

It is important to emphasize that both sides agree, and this was confirmed at oral argument, that an accurate survey of "schedule A" as it appears in the subject policy would include the disputed Back Hill and Beach portions of the subject parcel. This is fully supported by plaintiff's expert affidavit (Summerhays affidavit ¶¶ 32-34, 35 ["A survey that correctly depicts the land described on Schedule A...

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