St. Luke's Pentecostal Church, Inc. v Stewart Tit. Ins. Co.
2007 NY Slip Op 01553 [37 AD3d 702]
February 20, 2007
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 11, 2007


St. Luke's Pentecostal Church, Inc., Appellant,
v
Stewart Title Insurance Company, Respondent.

—[*1] Simpson Thacher & Bartlett, LLP, New York, N.Y. (William T. Russell, Jr., William M. Regan, and Vincent R. FitzPatrick III of counsel), for appellant.

Thomas G. Sherwood, LLC, Garden City, N.Y., for respondent.

In an action, inter alia, to recover damages for breach of contract pursuant to a policy of title insurance, the plaintiff appeals from an order of the Supreme Court, Nassau County (Mahon, J.), dated January 17, 2006, which granted the defendant's motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiff's contentions, the Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint. The defendant met its prima facie burden of establishing its entitlement to judgment as a matter of law by showing that the plaintiff's claim fell within the exclusions of the policy of title insurance (see Logan v Barretto, 251 AD2d 552, 553 [1998]). In opposition, the plaintiff failed to raise an issue of fact.

The plaintiff's remaining contention is without merit. Schmidt, J.P., Crane, Fisher and Dickerson, JJ., concur.