LLJBJ Partnership v. Commonwealth Land Title Insurance

In an action to recover damages for breach of a title insurance policy and for a judgment declaring that the defendant is obligated to defend and indemnify the plaintiff for attorney’s fees, costs, and expenses incurred in prosecuting the instant action and an underlying action entitled Flandorffer v Peter, commenced in the Supreme Court, Suffolk County, under index No. 26519/02, the defendant appeals from so much of an order of the Supreme Court, Suffolk County (Costello, J.), dated December 13, 2004, as granted those branches of the plaintiffs motion which were for partial summary judgment…