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SAMMY v. FIRST AM. TIT. INS. CO.

2019-12720. Index No. 24400/08.

205 A.D.3d 949 (2022)

168 N.Y.S.3d 519

2022 NY Slip Op 03266

Vanessa Sammy, Appellant-Respondent, v. First American Title Insurance Company et al., Respondents-Appellants, and Robert Tambini, Respondent.

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

Decided May 18, 2022.

Attorney(s) appearing for the Case

Duru Associates, PLLC, Kew Gardens, NY ( Okechukwu A. Duru and Angel Rodriguez, Jr. , of counsel), for appellant-respondent.

Butler Fitzgerald Fiveson & McCarthy, P.C., New York, NY ( David K. Fiveson of counsel), for respondent-appellant First American Title Insurance Company.

Paykin Kreig & Adams, LLP, Purchase, NY ( Joseph N. Paykin and Diana M. Malave of counsel), for respondent-appellant Expedient Title, Inc., and respondent Robert Tambini.

Connolly, J.P., Christopher, Genovesi and Dowling, JJ., concur.

Ordered that the cross appeal by the defendant Expedient Title, Inc., is dismissed as abandoned; and it is further,

Ordered that the order is modified, on the law, by (1) deleting the provision thereof denying that branch of the plaintiff's cross motion which was for summary judgment on so much of the cause of action to recover damages for breach of the duty to defend insofar as asserted against the defendant First American...

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