1440 Empire Blvd. Dev. Corp. v Lawyers Tit. Ins. Corp.
2009 NY Slip Op 02072 [60 AD3d 1354]
March 20, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 6, 2009


1440 Empire Boulevard Development Corp., Respondent, v Lawyers Title Insurance Corporation, Appellant.

—[*1] Phillips Lytle LLP, Rochester (Mark J. Moretti of counsel), for defendant-appellant.

Knauf Shaw LLP, Rochester (Alan J. Knauf of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered September 27, 2007. The order, among other things, granted plaintiff's motion for partial summary judgment on the issue of liability.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Scudder, P.J., Hurlbutt, Peradotto, Green and Gorski, JJ. [See 19 Misc 3d 161 (2007).]