L. Smirlock Realty Corp. v. Title Guarantee Co., 63 N.Y.2d 955, 473 N.E.2d 234, 483 N.Y.S.2d 984 (N.Y., Nov 13, 1984)

Court of Appeals of New York.
L. SMIRLOCK REALTY CORP., Respondent-Appellant,v.TITLE GUARANTEE COMPANY, Appellant-Respondent.

Nov. 13, 1984.

 Insured sued to recover on title insurance policy.   The Supreme Court, Nassau County, dismissed complaint and awarded insurer damages on its counterclaim, and insured appealed.   The Supreme Court, Appellate Division, 70 A.D.2d 455, 421 N.Y.S.2d 232, affirmed, and insured appealed.   The Court of Appeals, 52 N.Y.2d 179, 437 N.Y.S.2d 57, 418 N.E.2d 650, affirmed as modified and remitted to Supreme Court for trial on issue of damages incurred by insured. The Supreme Court at Special Term, Nassau County, John S. Lockman, J., entered judgment in favor of insured, and cross appeals were taken.   The Supreme Court, Appellate Division, 97 A.D.2d 208, 469 N.Y.S.2d 415, affirmed as modified, and cross appeals were taken.   The Court of Appeals held that insured's right to interest on damages awarded for title defect ran from time insured acquired defective title and the policy was issued.
 Affirmed as modified.

West Headnotes
[1] Appeal and Error  1094(2)30k1094(2) Most Cited Cases
Issues of fact with respect to which the determinations of the Supreme Court were affirmed by Appellate Division were beyond reach of review of Court of Appeals where there was evidence in record for support of the determinations.
[2] Interest  39(1)219k39(1) Most Cited Cases
Insured's right to interest from title insurer on sum whichrepresented difference in value of the insured property with access to two streets for which insurer failed to discover condemnation and its value without such access ran from time insured acquired defective title and the policy was issued. McKinney's CPLR 5001(b).  *957 ***984 **234 Michael Permut, John J. Boyle and Samuel Kirschenbaum, New York City, for appellant-respondent.
 Jeffrey G. Stark, Mineola, for respondent-appellant.
 Richard Gyory and Herbert B. Ruskin, New York City, for New York State Land Title Ass'n, Inc., amicus curiae.

OPINION OF THE COURT
 MEMORANDUM.
 The order of the Appellate Division should be modified, with costs to plaintiff, to delete therefrom the words "the sum of $593,850, with interest from April 14, 1972" and to substitute therefor the words "the sum of $593,850, with interest from May 14, 1969", and, as so modified, affirmed.
 [1] As to the legal issues presented, we affirm, except as to the date from which interest should run on the sum of $593,850, for the reasons stated in the carefully considered and fully articulated opinion of Justice David T. Gibbons at the Appellate Division.  97 A.D.2d 208, 469 N.Y.S.2d 415.   Issues of fact with respect to which the determinations of Supreme Court were affirmed by the Appellate Division are beyond the reach of our review, *958 there being evidence in the record for the support of such determinations.   As to the issues of fact with respect to which the Appellate Division differed with Supreme Court, we conclude that the determinations of the Appellate Division more nearly comport with the weight of the evidence.
 [2] We do not agree, however, with the conclusion of the Appellate Division that interest on the sum of $593,850 (determined to be the difference in value of the property with access via St. George Place and Jeanette Avenue and its value without such access) should run from April 14, 1972.   Defendant's liability for a defect in the title against which the policy insured ***985 accrued, and plaintiff's cause of action existed, **235 at the time plaintiff acquired the defective title and the policy was issued, May 14, 1969.   Its right to interest on the $593,850 accordingly ran from that date (CPLR 5001, subd. [b] ).

 COOKE, C.J., and JASEN, JONES, WACHTLER, SIMONS and KAYE, JJ., concur.

 MEYER, J., taking no part.
 Order modified, with costs to plaintiff, in accordance with the memorandum herein and, as so modified, affirmed.
483 N.Y.S.2d 984, 63 N.Y.2d 955, 473 N.E.2d 234
END OF DOCUMENT