SURACE v. COMMONWEALTH LAND TITLE INSURANCE CO.


62 A.D.3d 861 (2009)

879 N.Y.S.2d 542

STEVE SURACE, SR., et al., Respondents, v. COMMONWEALTH LAND TITLE INSURANCE COMPANY, Appellant.

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

Decided May 19, 2009.


Ordered that the order is affirmed insofar as appealed from, with costs, and, upon searching the record, summary judgment is awarded to the plaintiffs on the issue of liability.

On April 5, 2005 the plaintiffs obtained a mortgage interest in real property in the principal sum of $360,000. The plaintiffs obtained title insurance from the defendant. The defendant did not submit the mortgage document for recording until January 30, 2006. In the interim, on July 14, 2005...

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