AHL v. COMMONWEALTH LAND TITLE INSURANCE COMPANY (2003)

Supreme Court, Appellate Division, Fourth Department, New York.

David K. AHL, Plaintiff-Appellant, v. COMMONWEALTH LAND TITLE INSURANCE COMPANY, Defendant-Respondent.

Decided: February 07, 2003

Present: PIGOTT, JR., P.J., GREEN, SCUDDER, GORSKI, and LAWTON, JJ.

David K. Ahl, Plaintiff-Appellant Pro Se. Phillips, Lytle, Hitchcock, Blaine & Huber LLP, Rochester (Steven E. Laprade Of Counsel), for Defendant-Respondent.

Supreme Court properly denied plaintiff's motion for summary judgment and granted defendant's cross motion seeking summary judgment dismissing the complaint. Plaintiff's title insurance policy with defendant specifically excluded the disputed encroaching parcel. Consequently, defendant has no duty to indemnify plaintiff in the underlying action commenced by plaintiff against his neighbor (see Mark McNichol Enters. v. First Fin. Ins. Co., 284 A.D.2d 964, 965, 726 N.Y.S.2d 828).

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.

MEMORANDUM:

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