Grimsey v. Lawyers Title Insurance
Cases that cite this one
21 later published cases cite this decision.
- L. Smirlock Realty Corp. v. Title Guarantee Co. (Appellate Division of the Supreme Court of New York 1983)
- In re the Arbitration Between Fresh Meadows Medical Associates & Liberty Mutual Insurance (N.Y. 1979)
- Diversified Mortgage Investors v. U. S. Life Title Insurance Company of New York (2d Cir. 1976)
- Kantrowitz v. Allstate Indemnity Co. (Appellate Division of the Supreme Court of New York 2008)
- Ebasco Constructors, Inc. v. Aetna Insurance (Appellate Division of the Supreme Court of New York 1999)
- NY Univ. v. CONT'L INS CO (N.Y. 1995)
- New York University v. Continental Insurance (N.Y. 1995)
- Rocchio v. Centrum Construction Corp. (Appellate Division of the Supreme Court of New York 1994)
- Chrysler First Financial Services Corp. of America v. Chicago Title Insurance (New York Supreme Court 1993)
- AFA Protective System Inc. v. Atlantic Mutual Insurance (Appellate Division of the Supreme Court of New York 1990)
- National Casualty Insurance v. City of Mount Vernon (Appellate Division of the Supreme Court of New York 1987)
- Green v. Evesham Corp. (N.J. Super. Ct. App. Div. 1981)
- Niagara County v. Utica Mutual Insurance (Appellate Division of the Supreme Court of New York 1981)
- Niagara County v. Utica Mutual Insurance (New York Supreme Court 1980)
- Mighty Midgets, Inc. v. Centennial Insurance (N.Y. 1979)
- Corning v. Village of Laurel Hollow (N.Y. 1979)
- Securities Service, Inc. v. Transamerica Title Insurance (Wash. Ct. App. 1978)
- Parkside Memorial Chapels, Inc. v. Garlick Funeral Homes, Inc. (Appellate Division of the Supreme Court of New York 1978)
- Penn Aluminum, Inc. v. Aetna Casualty & Surety Co. (Appellate Division of the Supreme Court of New York 1978)
- Mighty Midgets, Inc. v. Centennial Insurance Co. (Appellate Division of the Supreme Court of New York 1978)
- Bank of New York v. Hirschfeld (Appellate Division of the Supreme Court of New York 1977)
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
Memorandum. The- award for the amount of plaintiffs ’ counsel fees was proper insofar as it embraced the cost of services rendered in defense of the claim of title interposed against the plaintiffs but was unauthorized to the extent that it included attorneys’ fees incurred in prosecuting the action brought against the title insurance company and now before us (Doyle v. Allstate Ins. Co., 1 N Y 2d 439); and remand is necessary for determination of the amount of the attorneys’ fees properly incurred in the defense of the title action -and for modification of the judgment accordingly. Otherwise, the order of the Appellate Division, to the extent that it is before us pursuant to the Appellate Division’s grant of leave, is correct.
The order appealed from should be modified so as to provide that the case be remitted to the Supreme Court, Rockland County, for further proceedings in accordance with this memorandum and, as so modified, affirmed, without costs.
Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson concpr.
Ordered accordingly.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.