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FIDELITY NATL. TIT. INS. CO. v. ALTSHULER SHAHAM PROVIDENT FUNDS LTD.

13031, 651916/10 -003244/10

120 A.D.3d 1135 (2014)

992 N.Y.S.2d 427

2014 NY Slip Op 06371

FIDELITY NATIONAL TITLE INSURANCE COMPANY, Plaintiff, v. ALTSHULER SHAHAM PROVIDENT FUNDS LTD, Formerly Known as PERFECT PROVIDENT FUND LTD, Defendant/Third-Party Plaintiff-Respondent. JAECKLE FLEISCHMANN & MUGEL LLP, Third-Party Defendant-Appellant. PERFECT PROVIDENT FUND LTD, Respondent, v. JAECKLE FLEISCHMANN & MUGEL LLP, Appellant.

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

Decided September 25, 2014.

This action stems from a failed loan relating to commercial real estate in Syracuse, New York (see generally Altshuler Shaham Provident Funds, Ltd. v GML Tower, LLC, 21 N.Y.3d 352 [2013]). Fidelity National Title Insurance Company issued a policy to Altshuler. In the New York County action, plaintiff Fidelity seeks a declaration that it properly denied coverage to defendant Altshuler. In the amended third-party complaint against...

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