Claim Against Title Insurance Company DismissedAlleged Zoning Restriction Preventing Home From Being Used as Two Family Home Did Not Render Title Unmarketable
The court granted a title insurance company’s motion to dismiss the complaint. The plaintiff had commenced the action against "the sellers, his mortgage lender, his real estate broker and the movant title insurer [defendant], alleging that he has been damaged because the real property he purchased is a legal one family dwelling rather than a legal two family dwelling." The plaintiff alleged that a "variance permitting the use…of the…property as a two family dwelling expired without his knowledge prior to plaintiff’s closing of February 8, 2007."
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