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McCOLGAN v. BREWER

508306.

75 A.D.3d 876 (2010)

906 N.Y.S.2d 353

JOHN McCOLGAN, Appellant, v. DONALD BREWER et al., Defendants. (Action No. 1.) JOHN McCOLGAN, Appellant, v. ROTHE ENGINEERING & CONSTRUCTION, Defendant, and CHICAGO TITLE INSURANCE COMPANY, Respondent. (Action No. 2.)

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

Decided July 15, 2010.

Stein, J.

Plaintiff owns a 10-acre parcel of land in the Town of Rosendale, Ulster County, to which access from Route 32 depends upon a right-of-way over adjoining properties. Prior to purchasing the land, plaintiff obtained a professional survey and the surveyor represented that title to the property included a right-of-way to allow access to the parcel from Route 32. Plaintiff then purchased a title insurance policy from...

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