Axelrod v. Magna Carta Companies

Order, Supreme Court, New York County (Karla Moskowitz, J.), entered November 14, 2007, which, upon the parties’ respective motions for summary judgment, declared that defendants were not obligated to defend and indemnify plaintiff in an underlying copyright infringement action that plaintiff settled, and severed, for purposes of assessment, defendants’ counterclaims for costs, disbursements and attorneys’ fees, unanimously modified, on the law, to vacate the severance of defendants’ counterclaim for attorneys’ fees and to dismiss such counterclaim, and otherwise affirmed, without costs.

The…