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PETERS AUTO WORKS, INC. v. COMMONWEALTH LAND TITLE INSURANCE COMPANY

2011-01477.

92 A.D.3d 745 (2012)

938 N.Y.S.2d 447

2012 NY Slip Op 1228

PETERS AUTO WORKS, INC., Appellant, v. COMMONWEALTH LAND TITLE INSURANCE COMPANY, Respondent.

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

Decided February 14, 2012.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiff's contention, the Supreme Court properly granted the defendant's motion, inter alia, pursuant to CPLR 3211 (a) (1) to dismiss the complaint. The documentary evidence submitted by the defendant conclusively established that the alleged loss suffered by the plaintiff was not covered by the subject title insurance policy (see CPLR 3211 [a] [1]; Vigilant Ins. Co. v Bear Stearns Cos., Inc...

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