| DLJ Mtge. Capital, Inc. v Kontogiannis |
| 2013 NY Slip Op 07516 [22 NY3d 960] |
| November 14, 2013 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, January 15, 2014 |
| DLJ Mortgage Capital, Inc., Appellant, v Thomas Kontogiannis et al., Defendants, and Chicago Title Insurance Company, Inc., et al., Respondents. |
Decided November 14, 2013
DLJ Mtge. Capital, Inc. v Kontogiannis, 102 AD3d 489, affirmed.
APPEARANCES OF COUNSEL
Hahn & Hessen LLP, New York City (John P. Amato, Robert J. Malatak and Annie Power of counsel), for appellant.
Herrick, Feinstein LLP, New York City (Arthur G. Jakoby and Adam J. Stein of counsel), for Chicago Title Insurance Company, Inc., respondent.
DelBello Donnellan Weingarten Wise & Wiederkehr, LLP, White Plains (Michael J. Schwarz and Lee S. Wiederkehr of counsel), for United General Title Insurance Co., Inc., respondent.
Memorandum.
The order of the Appellate Division should be affirmed, with costs, and the [*2]certified question answered in the affirmative. As a matter of law, DLJ, as a third-party purchaser of mortgages on the secondary mortgage market, cannot rely on pre-closing documents to establish that a proper conveyance and recording of the underlying property occurred or that title insurance for the property was issued (see Citibank v Chicago Tit. Ins. Co., 214 AD2d 212, 219 [1st Dept 1995], lv dismissed 87 NY2d 896 [1995]). The Appellate Division correctly determined that any such reliance was unjustifiable.
Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott, Rivera and Abdus-Salaam concur.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, and certified question answered in the affirmative, in a memorandum.