Opinion
CA 02-01978
February 7, 2003.
Appeal from an order of Supreme Court, Monroe County (Siracuse, J.), entered May 7, 2002, which denied plaintiff's motion for summary judgment and granted defendant's cross motion seeking summary judgment dismissing the complaint.
DAVID K. AHL, PLAINTIFF-APPELLANT PRO SE.
PHILLIPS, LYTLE, HITCHCOCK, BLAINE HUBER LLP, ROCHESTER (STEVEN E. LAPRADE OF COUNSEL), For Defendant-respondent.
PRESENT: PIGOTT, JR., P.J., GREEN, SCUDDER, GORSKI, AND LAWTON, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
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).