Citibank, N. A. v. Commonwealth Land Title Insurance
Cases that cite this one
15 later published cases cite this decision.
- Nastasi v. County of Suffolk (Appellate Division of the Supreme Court of New York 2013)
- Nastasi v. County of Suffolk (Appellate Division of the Supreme Court of New York 2013)
- A. Gugliotta Development, Inc. v. First American Title Insurance (Appellate Division of the Supreme Court of New York 2013)
- A. Gugliotta Development, Inc. v. First American Title Insurance (Appellate Division of the Supreme Court of New York 2013)
- JBGR, LLC v. Chicago Tit. Ins. Co. (Appellate Division of the Supreme Court of New York 2021)
- Property Hackers, LLC v. Stewart Title Insurance (Appellate Division of the Supreme Court of New York 2012)
- Property Hackers, LLC v. Stewart Title Insurance (Appellate Division of the Supreme Court of New York 2012)
- Federal Deposit Insurance v. Commonwealth Land Title Insurance (District Court, N.D. Ohio 2012)
- U.S. Bank National Ass'n v. Stewart Title Insurance (Appellate Division of the Supreme Court of New York 2007)
- Bartolomeo v. Fidelity Natl. Tit. Ins. Co. of N.Y. (Appellate Division of the Supreme Court of New York 2015)
- Countrywide Home Loans, Inc. v. United General Title Insurance (Appellate Division of the Supreme Court of New York 2013)
- Countrywide Home Loans, Inc. v. United General Title Insurance (Appellate Division of the Supreme Court of New York 2013)
- Francis v. D & W Saratoga, Inc. (Appellate Division of the Supreme Court of New York 2008)
- Fidelity National Title Insurance v. Consumer Home Mortgage, Inc. (Appellate Division of the Supreme Court of New York 2000)
- Logan v. Barretto (Appellate Division of the Supreme Court of New York 1998)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
A policy of title insurance insures "against loss by reason of defective titles and encumbrances and insur[es] the correctness of searches for all instruments, liens or charges affecting the title to such property” (Insurance Law § 1113 [a] [18]; see also, Insurance Law § 6401 [b]; L. Smirlock Realty Corp. v Title Guar. Co., 52 NY2d 179; 5A Warren’s Weed, New York Real Property, Title Insurance, §§ 1.02, 4.03 [3] [b] [4th ed]). Here, Citibank incurred a loss due to an undisclosed, ultimately superior encumbrance, one of the very occurrences for which it secured coverage from Commonwealth (see, 5A Warren’s Weed, New York Real Property, Title Insurance, § 4.03 [3] [b] [4th ed]). Commonwealth argues against this conclusion by noting that the coverage afforded under the policy was limited to encumbrances, etc., that arose prior to the October 25, 1988, date that the policy was issued. Accordingly, Commonwealth argues, because the $279,000 mortgage was not recorded until
We have considered the defendant’s remaining contentions and find them to be without merit. Mangano, P. J., Rosenblatt, Ritter and Copertino, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.