Nutmeg Insurance v. Rosen

Appeal from a judgment of the Supreme Court (Williams, J.H.O.), entered August 25, 1997 in Sullivan County, which, inter alia, awarded counsel fees to defendants.

This appeal arises in the context of a declaratory judgment action originally brought to determine whether plaintiff had the obligation to defend and indemnify defendants in an underlying Federal action pursuant to a policy of public entity *760liability insurance. That action was commenced prior to this Court’s determination in Curtis v Nutmeg Ins. Co. (204 AD2d 833, lv dismissed 84 NY2d 1027), where we found that the underlying Federal…