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ZUCKER REAL ESTATE CORP. v. OLD REPUBLIC NATL. TIT. INS. CO.

657701/19 Appeal No. 17387 Case No. 2022-04880.

213 A.D.3d 594 (2023)

182 N.Y.S.3d 621

2023 NY Slip Op 00973

Zucker Real Estate Corp., Appellant, v. Old Republic National Title Insurance Company, Respondent.

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

Decided February 21, 2023.

Attorney(s) appearing for the Case

Charles R. Cuneo, P.C., Huntington (Charles R. Cuneo of counsel), for appellant.

Butler, Fitzgerald, Fiveson & McCarthy, New York (David K. Fiveson of counsel), for respondent.

Concur—Kapnick, J.P., Oing, Kennedy, Pitt-Burke, JJ.

Order, Supreme Court, New York County (Arthur F. Engoron, J.), entered on or about September 13, 2022, which granted defendant Old Republic National Title Insurance Company's motion for summary judgment dismissing the first cause of action and denied plaintiff Zucker Real Estate Corp.'s motion for summary judgment, unanimously affirmed, with costs.

The exception in Schedule B of the subject title insurance policy concerning the "[r]ights of tenants or other persons...

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