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DLJ MORTGAGE CAPITAL, INC. v. KONTOGIANNIS

No. 253 SSM 29.

22 N.Y.3d 960 (2013)

999 N.E.2d 1189

977 N.Y.S.2d 744

2013 NY Slip Op 7516

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

Court of Appeals of New York.

Decided November 14, 2013.

Attorney(s) appearing for the Case

Hahn & Hessen LLP, New York City ( John P. Amato , Robert J. Malatak and Annie Power of counsel), for appellant.

Herrick, Feinstein LLP, New York City ( Arthur G. Jakoby and Adam J. Stein of counsel), for Chicago Title Insurance Company, Inc., respondent.

DelBello Donnellan Weingarten Wise & Wiederkehr, LLP, White Plains ( Michael J. Schwarz and Lee S. Wiederkehr of counsel), for United General Title Insurance Co., Inc., respondent.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative. As a matter of law, DLJ, as a third-party purchaser of mortgages on the secondary mortgage market, cannot rely on pre-closing documents to establish that a proper conveyance and recording of the underlying property occurred or that title insurance for the property was issued (see Citibank v Chicago...

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