From Casetext: Smarter Legal Research

L. Smirlock Realty Corp. v. Title Guarantee Company

Court of Appeals of the State of New York
Nov 13, 1984
63 N.Y.2d 955 (N.Y. 1984)

Summary

vacating the Second Department's determination that interest should run from the date that plaintiff began suffering financial losses due to a title defect and holding that the interest should instead run from the date the plaintiff acquired the defective title from defendant

Summary of this case from IN RE MTBE PRODUCTS LIABILITY LITIGATION

Opinion

Argued October 10, 1984

Decided November 13, 1984

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, John S. Lockman, J.

Michael Permut, John J. Boyle and Samuel Kirschenbaum for appellant-respondent.

Jeffrey G. Stark for respondent-appellant.

Richard Gyory and Herbert B. Ruskin for New York State Land Title Association, Inc., amicus curiae.


MEMORANDUM.

The order of the Appellate Division should be modified, with costs to plaintiff, to delete therefrom the words "the sum of $593,850, with interest from April 14, 1972" and to substitute therefor the words "the sum of $593,850, with interest from May 14, 1969", and, as so modified, affirmed.

As to the legal issues presented, we affirm, except as to the date from which interest should run on the sum of $593,850, for the reasons stated in the carefully considered and fully articulated opinion of Justice David T. Gibbons at the Appellate Division. Issues of fact with respect to which the determinations of Supreme Court were affirmed by the Appellate Division are beyond the reach of our review, there being evidence in the record for the support of such determinations. As to the issues of fact with respect to which the Appellate Division differed with Supreme Court, we conclude that the determinations of the Appellate Division more nearly comport with the weight of the evidence.

We do not agree, however, with the conclusion of the Appellate Division that interest on the sum of $593,850 (determined to be the difference in value of the property with access via St. George Place and Jeanette Avenue and its value without such access) should run from April 14, 1972. Defendant's liability for a defect in the title against which the policy insured accrued, and plaintiff's cause of action existed, at the time plaintiff acquired the defective title and the policy was issued, May 14, 1969. Its right to interest on the $593,850 accordingly ran from that date (CPLR 5001, subd [b]).

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, SIMONS and KAYE concur; Judge MEYER taking no part.

Order modified, with costs to plaintiff, in accordance with the memorandum herein and, as so modified, affirmed.


Summaries of

L. Smirlock Realty Corp. v. Title Guarantee Company

Court of Appeals of the State of New York
Nov 13, 1984
63 N.Y.2d 955 (N.Y. 1984)

vacating the Second Department's determination that interest should run from the date that plaintiff began suffering financial losses due to a title defect and holding that the interest should instead run from the date the plaintiff acquired the defective title from defendant

Summary of this case from IN RE MTBE PRODUCTS LIABILITY LITIGATION

awarding insured in a claim concerning a title defect interest from date title policy was issued

Summary of this case from Varda, Inc. v. Insurance Co. of North America
Case details for

L. Smirlock Realty Corp. v. Title Guarantee Company

Case Details

Full title:L. SMIRLOCK REALTY CORP., Respondent-Appellant, v. TITLE GUARANTEE…

Court:Court of Appeals of the State of New York

Date published: Nov 13, 1984

Citations

63 N.Y.2d 955 (N.Y. 1984)
483 N.Y.S.2d 984
473 N.E.2d 234

Citing Cases

Levi v. Commonwealth Land Title Ins. Co.

Pursuant to New York C.P.L.R. 5001, prejudgment interest is awarded in an action on breach of contract,…

Lawyers' Fund for Client Prot. v. Bank Leumi Tr. Co.

The Appellate Division modified, holding that the Fund was entitled to summary judgment against Progressive,…