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BX THIRD AVE. PARTNERS, LLC v. FIDELITY NATL. TIT. INS. CO.

10577, 305864/10.

2013 NY Slip Op 08107

BX THIRD AVENUE PARTNERS, LLC, Plaintiff-Appellant, v. FIDELITY NATIONAL TITLE INSURANCE COMPANY, Defendant-Respondent, AMERICAN STAR ABSTRACT, LLC, Defendant.

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

Decided December 5, 2013.

Attorney(s) appearing for the Case

Jaffe & Asher LLP, New York ( Marshall T. Potashner of counsel), for appellant.

Loeb & Loeb LLP, New York ( Jonathan F. Hollis of counsel), for respondent.

Before: Sweeny, J.P., DeGrasse, Manzanet-Daniels, Clark, JJ.

Order, Supreme Court, Bronx County (Julia Rodriguez, J.), entered January 8, 2013, which, to the extent appealed from as limited by the briefs, denied plaintiff's motion for summary judgment against defendant Fidelity National Title Insurance Company on plaintiff's breach of contract claim, and denied plaintiff's motion for summary judgment dismissing Fidelity's first and second counterclaims, unanimously modified, on the law, to grant plaintiff's motion to dismiss the counterclaims...

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