St. Luke's Pentecostal Church, Inc. v Stewart Tit. Ins. Co.

2007 NYSlipOp 01553

February 20, 2007

Appellate Division, Second Department

As corrected through Wednesday, April 11, 2007

St. Luke's Pentecostal Church, Inc., Appellant, v Stewart Title Insurance Company, Respondent.

—[*1]Simpson Thacher & Bartlett, LLP, New York, N.Y. (William T. Russell, Jr., William M. Regan, and Vincent R. FitzPatrick III of counsel), for appellant.

Thomas G. Sherwood, LLC, Garden City, N.Y., for respondent.

In an action, inter alia, to recover damages for breach of contract pursuant to a policy of title insurance, the plaintiff appeals from an order of the Supreme Court, Nassau County (Mahon, J.), dated January 17, 2006, which granted the defendant's motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiff's contentions, the Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint. The defendant met its prima facie burden of establishing its entitlement to judgment as a matter of law by showing that the plaintiff's claim fell within the exclusions of the policy of title insurance (see Logan v Barretto, 251 AD2d 552, 553 [1998]). In opposition, the plaintiff failed to raise an issue of fact.

The plaintiff's remaining contention is without merit. Schmidt, J.P., Crane, Fisher and Dickerson, JJ., concur.