Galaxy Insurance v. 1454 Nicholas Avenue Associates

Order, Supreme Court, New York County (Herman Cahn, J.), entered April 26, 1999, which granted defendant’s cross motion for summary judgment, declaring that plaintiff insurer is required to defend and indemnify defendant in the underlying personal injury action and awarding defendant attorney’s fees, and denied plaintiff’s motion for summary judgment, unanimously modified, on the law, to deny defendant’s cross motion for summary judgment and request for attorney’s fees, and otherwise affirmed, without costs.

Although a reasonable belief in non-liability may excuse an insured’s failure to give…