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ENRIGHT v. LUBOW

202 N.J. Super. 58 (1985)

493 A.2d 1288

ROBERT E. ENRIGHT AND ROSEMARY S. ENRIGHT, HIS WIFE, PLAINTIFFS-RESPONDENTS, AND CROSS-APPELLANTS, v. HAROLD W. LUBOW AND RYNA LUBOW, HIS WIFE, DEFENDANTS-RESPONDENTS, AND U.S. LIFE TITLE INSURANCE CO. OF NEW YORK, A CORPORATION OF N.Y., DEFENDANT-APPELLANT, AND CROSS-RESPONDENT, AND EARLE BAILEY, P.E. & ASSOCIATES, DEFENDANT-RESPONDENT, AND CROSS-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 30, 1985.

Attorney(s) appearing for the Case

Ben J. Slavitt argued the cause for appellant and cross-respondent U.S. Life Title Insurance Co. of New York (Slavitt, Fish & Cowen, P.A., attorneys; Ben J. Slavitt and Ronald C. Schecter, on the brief).

Donald L. Minassian argued the cause for respondents and cross-appellants Robert E. Enright and Rosemary S. Enright, his wife (Draesel, Sunshine, Atkins and November, attorneys; Donald L. Minassian, on the brief).

Paul V. Strawinski argued the cause for respondent and cross-appellant Earle W. Bailey, P.E. & Associates (Organ & Strawinski, attorneys; Paul V. Strawinski, on the brief).

Harold M. Cohen argued the cause for respondents Harold W. Lubow and Ryna Lubow, his wife.

Before Judges KING, DEIGHAN and BILDER.

The opinion of the court was delivered by DEIGHAN, J.A.D.

This action concerns the rights and liabilities between an insured and the insurer under a title insurance policy and whether a survey has been excepted or excluded from coverage under the title policy; if not, the issue as to proper measure of damages must be determined where the survey erroneously locates an easement. Also involved is the question of whether

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