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PIEROT v. CHICAGO TIT. INS. CO.

2018-13287. Index No. 61938/15.

202 A.D.3d 1010 (2022)

159 N.Y.S.3d 729

2022 NY Slip Op 01057

Audrey G. Pierot et al., Appellants, v. Chicago Title Insurance Company, Respondent. (And a Third-Party Action.).

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

Decided February 16, 2022.

Attorney(s) appearing for the Case

Mitchell Pollack & Associates, PLLC, Tarrytown, NY (Mitchell B. Pollack, Eileen M. Burger, and Miesha L. M. Rodriguez of counsel), for appellants.

Adam Leitman Bailey, P.C., New York, NY (Jeffrey R. Metz and Jaclyn Halpern Weinstein of counsel), for respondent.

Brathwaite Nelson, J.P., Rivera, Christopher and Genovesi, JJ., concur.

Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Westchester County, for the entry of a judgment, inter alia, declaring that the plaintiffs' losses are not covered under the subject title insurance policy.

By deed dated July 20, 2001, the plaintiffs obtained title to certain real property located in Scarsdale (hereinafter the property). The property abuts Elizabeth Street and Healy Avenue. A driveway leading from the...

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