FRYDMAN v. FIDELITY NATIONAL TITLE INSURANCE COMPANY

1574, 601721/07

68 A.D.3d 622 (2009)

2009 NY Slip Op 9530

891 N.Y.S.2d 381

DAVID FRYDMAN et al., Appellants, v. FIDELITY NATIONAL TITLE INSURANCE COMPANY, Formerly Known as FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK, Respondent.

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

Decided December 22, 2009.


The subject title policy took effect as of May 26, 1999, the date the insureds acquired title to the insured property. Insofar as pertinent to the appeal, the policy specifically excludes from coverage "[r]ights of tenants or persons in possession." It additionally excludes "fences ... [that] vary with record lines," as indicated in a 1972 "survey report," as well as a May 5, 1999 "survey inspection" reporting no changes to the property's "boundary indicator."

The...

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