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FIDELITY NAT. TITLE INS. CO. v. COLE TAYLOR BANK

No. 11 Civ. 4497(MGC).

878 F.Supp.2d 453 (2012)

FIDELITY NATIONAL TITLE INSURANCE COMPANY, Plaintiff, v. COLE TAYLOR BANK, Defendant.

United States District Court, S.D. New York.

July 10, 2012.

Attorney(s) appearing for the Case

Herrick, Feinstein LLP, by: Michael Darren Traub, Esq. , Anna Hershenberg, Esq. , New York, NY, for Plaintiff.

Hodgson Russ LLP, by: Robert Schrager, Esq. , New York, NY, for Defendants.

OPINION

CEDARBAUM, District Judge.

In 2010, at two New York mortgage refinancings, the settlement agent misappropriated closing funds wired to her by Cole Taylor Bank ("Cole Taylor"). Fidelity National Title Insurance Company ("Fidelity") sues for a declaratory judgment that title insurance policies were never issued in connection with the two mortgage refinancings, and that it owes Cole Taylor no obligations arising from these closings. Cole Taylor...

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