Appellate Division of the Supreme Court of the State of New York May 4, 1995 (Charney v. Commonwealth Land Title Insurance)

Order, Supreme Court, New York County (Walter Schackman, J.), entered on or about February 7, 1994, which, inter alia, granted defendants’ motion to dismiss the complaint for failure to state a cause of action, unanimously affirmed, with costs.

Plaintiff mortgagee may not recover damages under a mortgage insurance policy where the conditions precedent to coverage have not been met.