| Peters Auto Works, Inc. v Commonwealth Land Tit. Ins. Co. |
| 2012 NY Slip Op 01228 [92 AD3d 745] |
| February 14, 2012 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Peters Auto Works, Inc., Appellant, v Commonwealth Land Title Insurance Company, Respondent. |
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Edward C. Kesselman, New York, N.Y., for respondent.
In an action to recover damages for breach of a title insurance policy, the plaintiff appeals from an order of the Supreme Court, Kings County (Bayne, J.), dated January 7, 2011, which granted the defendant's motion, inter alia, pursuant to CPLR 3211 (a) (1) to dismiss the complaint and denied its cross motion, inter alia, pursuant to CPLR 3212 for summary judgment on the issue of liability.
Ordered that the order is affirmed, with costs.
Contrary to the plaintiff's contention, the Supreme Court properly granted the defendant's motion, inter alia, pursuant to CPLR 3211 (a) (1) to dismiss the complaint. The documentary evidence submitted by the defendant conclusively established that the alleged loss suffered by the plaintiff was not covered by the subject title insurance policy (see CPLR 3211 [a] [1]; Vigilant Ins. Co. v Bear Stearns Cos., Inc., 10 NY3d 170, 177 [2008]; Goshen v Mutual Life Ins. Co. of N.Y., 98 NY2d 314, 326 [2002]).
The plaintiff's remaining contentions are without merit. Skelos, J.P., Leventhal, Lott and Miller, JJ., concur.