Empire Insurance v. Silbowitz

Order and judgment (one paper), Supreme Court, New York County (Barbara Kapnick, J.), entered November 4, 1996, which, upon the parties’ respective motions for summary judgment, declared that plaintiff insurers are obligated to defend and indemnify defendant insured, to whom the subject policies were issued, in the underlying action for personal injuries out of an automobile accident, and that defendant insured is entitled to recover from plaintiffs his reasonable costs, including attorneys’ fees, in defending this action, unanimously affirmed, with costs.

The motion court correctly held that…