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AURORA LOAN SERVICES, LLC v. LAMATTINA & ASSOCIATES, INC.

59 A.D.3d 578 (2009)

872 N.Y.S.2d 724

AURORA LOAN SERVICES, LLC, Respondent, v. LAMATTINA & ASSOCIATES, INC., et al., Defendants, and Washington Title Insurance Company, Appellant.

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

Decided February 17, 2009.

Ordered that the order is affirmed insofar as appealed from, with costs.

Although Washington Title Insurance Company (hereinafter Washington Title) demonstrated its prima facie entitlement to summary judgment dismissing the complaint insofar as asserted against it (see Alvarez v Prospect Hosp., 68 N.Y.2d 320 [1986]), the Supreme Court properly denied the motion as premature (

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