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Fidelity National Title Insurance Co. v. CHM Abstract, LLC

Supreme Court, New York County

August 8, 2013

FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK, COMMONWEALTH LAND TITLE INSURANCE COMPANY, AND CHICAGO TITLE INSURANCE COMPANY AS SUCCESSOR IN INTEREST TO TICOR TITLE INSURANCE COMPANY, Plaintiffs,
v.
CHM ABSTRACT, LLC, CHM ABSTRACT LAND TITLE RESEARCH CORP., and PERRY P. MOY, Defendants. Index No. 153054/2012

Unpublished Opinion

Submission Date: 3/27/2013

For Plaintiffs: The Law Division of Fidelity National Title Group, Inc. By David William Tyler, Esq.

For Defendants: Friend & Reiskind By Edwin M. Reiskind, Jr.

DECISION AND ORDER

ELLEN M. COIN, J.

Papers considered in review of this order to show cause and cross-motion:

Papers Numbered

Order to Show Cause and Affidavits Annexed.....................................................1

Notice of Cross-Mot. and Affirm in Supp............................................................2

Memo, of Law in Opp. to Cross-Mot and in Reply..............................................3

Plaintiffs Fidelity National Title Insurance Company of New York (Fidelity), Commonwealth Land Title Insurance Company (Commonwealth), and Chicago Title Insurance Company as successor in interest to Ticor Title Insurance Company (Ticor) move for a preliminary injunction to maintain the status quo established by the court's temporary restraining order of June 5, 2012. That order restrained defendants CHM Abstract, LLC (CHM Abstract), CHM Abstract Land Title Research Corporation (CHM Land) and Perry P. Moy, named personally as the sole principal of CHM Abstract and CHM Land, from transferring, dissipating or encumbering funds received in the course of business with plaintiffs, and from destroying any records related to the course of business with plaintiffs. Defendants have not submitted opposition papers to plaintiffs' application, having instead elected to cross-move to dismiss plaintiffs' complaint as untimely.

Defendant CHM Abstract, a insurance agency owned by Moy, entered into an agency agreement with Ticor on October 25, 2001; plaintiffs allege that Ticor terminated the agreement on January 5, 2008. CHM Land, another insurance agency separately owned by Moy, entered into agency agreements with Fidelity and Commonwealth. CHM Land was dissolved on December 29, 1999, although it continued to do business with plaintiffs after dissolution. The agency agreement with Commonwealth was executed on January 9, 1996, and is alleged to have been terminated by Commonwealth on May 2, 2010. The agency agreement with Fidelity was entered into on November 5, 1996, and alleged to have been terminated by Fidelity on January 21, 2008. The agency contracts authorized defendants to issue title insurance policies underwritten by plaintiffs.

BACKGROUND

On February 17, 2011, a title insurance claim was submitted to Commonwealth, on an unrecorded deed from a May 6, 2009 closing, which was conducted by CHM Land. CHM Land did not record the deed until February 2011. Though the agency agreement obligated CHM Land to report all new ...


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