NYS LAND TIT v. NYS DEPT FIN

151562/18. 7491.

169 A.D.3d 18 (2019)

92 N.Y.S.3d 49

2019 NY Slip Op 00245

In the Matter of NEW YORK STATE LAND TITLE ASSOCIATION, INC., et al., Respondents, v. NEW YORK STATE DEPARTMENT OF FINANCIAL SERVICES et al., Appellants.

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

Decided January 15, 2019.


Attorney(s) appearing for the Case

Barbara D. Underwood , Attorney General, New York City ( Steven C. Wu and Matthew William Grieco of counsel), for appellants.

Gibson, Dunn & Crutcher LLP, New York City ( Mylan L. Denerstein , Akiva Shapiro and Lee R. Crain of counsel), for respondents.

Zane and Rudofsky, New York City ( Edward S. Rudofsky and Eric S. Horowitz of counsel), for New York State Title Closer Association Inc., amicus curiae.

Herrick Feinstein, LLP, New York City ( Arthur G. Jakoby and Elena T. McDermott of counsel), for American Land Title Association, amicus curiae.

Greenberg Traurig, LLP, Albany ( Henry M. Greenberg and Jennifer M. Gomez of counsel), for Property Casualty Insurers Association of America, amicus curiae.

SWEENY, J.P., GESMER and OING, JJ., concur.


OPINION OF THE COURT

The primary issues on this appeal are whether Insurance Law § 6409 (d) is ambiguous as to the term "other consideration or valuable thing," and whether certain provisions of Insurance Regulation 208, promulgated by the Department of Financial Services (DFS...

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