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STEWART TITLE INSURANCE COMPANY v. WINGATE, KEARNEY & CULLEN

2014-01338, Index No. 500693/13.

134 A.D.3d 924 (2015)

21 N.Y.S.3d 327

STEWART TITLE INSURANCE COMPANY, Suing in Its Own Right and as Subrogee and Assignee of Herold Duroseau and Others, Appellant, v. WINGATE, KEARNEY & CULLEN, Also Known as WINGATE, KEARNEY & CULLEN, ESQS., et al., Respondents.

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

Decided December 16, 2015.

Ordered that the order is reversed, on the law, with costs, and the defendants' motion pursuant to CPLR 3211 (a) to dismiss the complaint is denied.

The plaintiff commenced this legal malpractice action in connection with the defendants' representation of the plaintiff, Stewart Title Insurance Company, and its insureds in a mortgage foreclosure action. The plaintiff alleges that the defendants negligently failed to interpose or raise as a defense that the foreclosure...

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