ST. LUKE'S PENTECOSTAL CHURCH, INC. v. STEWART TITLE INSURANCE COMPANY


37 A.D.3d 702 (2007)

828 N.Y.S.2d 907

ST. LUKE'S PENTECOSTAL CHURCH, INC., Appellant, v. STEWART TITLE INSURANCE COMPANY, Respondent.

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

Decided February 20, 2007.


Ordered that the order is affirmed, with costs.

Contrary to the plaintiff's contentions, the Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint. The defendant met its prima facie burden of establishing its entitlement to judgment as a matter of law by showing that the plaintiff's claim fell within the exclusions of the policy of title insurance (see Logan v Barretto, 251 A.D.2d 552

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