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LAKEVIEW DEV. AT CARMEL, LLC v. NEW YORK CITY DEPT. OF ENVTL. PROTECTION

2014-05353, Index No. 2310/09.

139 A.D.3d 1016 (2016)

30 N.Y.S.3d 844

2016 NY Slip Op 04026

LAKEVIEW DEVELOPMENT AT CARMEL, LLC, Plaintiff, v. NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION et al., Defendants. FIDELITY NATIONAL TITLE INSURANCE COMPANY, as Successor to LAWYERS TITLE INSURANCE CORPORATION, Third-Party Plaintiff-Appellant; PREMIER ABSTRACT, LTD., Third-Party Defendant-Respondent.

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

Decided May 25, 2016.

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

The plaintiff commenced this action, inter alia, to recover damages for breach of a title insurance policy issued by Premier Abstract, Ltd. (hereinafter Premier), as agent for the defendant Lawyers Title Insurance Corporation (hereinafter LTIC). Fidelity National Title Insurance Company (hereinafter Fidelity), as successor in interest to LTIC, commenced this third-party action against Premier...

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