206 East 95th Street Associates v. Insurance of State of Pennsylvania

—Order, Supreme Court, New York County (Harold Tompkins, J.), entered October 20, 1995, which granted defendant Tishman summary judgment and ordered defendant M&A to indemnify defendant Tishman for any judgment that may be obtained against it in the underlying litigation to a maximum of $5,000,000, unanimously modified, on the law, to the extent of also directing defendant M&A to provide a defense to defendant Tishman, and otherwise affirmed, without costs.

The subject language, even if drafted inartfully, does not create an ambiguity, since the parties’ intent is discernable (see, Calce v…