DLJ MTGE. CAPITAL, INC. v. KONTOGIANNIS

9007, 104675/10.

102 A.D.3d 489 (2013)

959 N.Y.S.2d 18

2013 NY Slip Op 159

DLJ MORTGAGE CAPITAL, INC., Respondent, v. THOMAS KONTOGIANNIS et al., Defendants, and CHICAGO TITLE INSURANCE COMPANY, INC., et al., Appellants.

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

Decided January 15, 2013.


Plaintiff's claims against the title insurance defendants for the acts of their agents, who were co-conspirators in a mortgage fraud scheme, should have been dismissed. The complaint does not allege that the title insurers were aware that their agents had issued fraudulent certificates of title and commitments for title on the title insurers' behalf for mortgages that plaintiff eventually purchased. Nor can liability attach under the doctrine of apparent authority, since...

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