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236 WEST 40TH STREET CORP. v. CHICAGO TITLE INSURANCE COMPANY

54 A.D.3d 632 (2008)

864 N.Y.S.2d 416

236 WEST 40TH STREET CORP., Appellant, v. CHICAGO TITLE INSURANCE COMPANY, Respondent.

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

September 25, 2008.

The policy exclusion regarding the "Rights of tenants or persons in possession" unambiguously applies to the suit by plaintiff insured's tenant, who claimed a right of first refusal based on the lease, since the dispute concerned a party in actual possession whose right was not of record (see Herbil Holding Co. v Commonwealth Land Tit. Ins. Co., 183 A.D.2d 219, 225 [1992]). Plaintiff failed to raise a question of fact as to untimely...

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