New York Appellate Division, Second Dept.
Recorded Restriction as Derivative of Zoning Regulation/Title Insurance/Breach of Contract:  Insured brought an action against title insurer for breach of contract.  The complaint was based upon the insured’s inability to further develop property inasmuch as a recorded declaration restricted development - the declaration was not excepted in the policy.  Title insurer had denied coverage, arguing that the title policy did not provide coverage for zoning matters.  The Supreme Court, Suffolk County, granted summary judgment for defendant and the Second Dept. sustained- “Under the plain terms of the policy, the 1997 Declaration was excluded from coverage because it arose from a zoning regulation (see Nisari v Ramjohn, 85 AD3d 987).”  JBGR, LLC v Chicago Tit. Ins. Co., 2021 NY Slip Op 03448, Appellate Division, Second Department, June 2, 2021