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GRIMSEY v. LAWYERS TITLE INS. CORP.

31 N.Y.2d 953 (1972)

J. Herbert Grimsey et al., Respondents, v. Lawyers Title Insurance Corporation, Defendant-Appellant and Third-Party Plaintiff. Thomas P. Lynch, Third-Party Defendant. (And Another Title.)

Court of Appeals of the State of New York.

Decided December 29, 1972.

Attorney(s) appearing for the Case

Samuel Kirschenbaum and Arthur Winoker for appellant.

Thomas J. Leyden for respondents.

No appearance for third-party defendant.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur.

MEMORANDUM.

The award for the amount of plaintiffs' counsel fees was proper insofar as it embraced the cost of services rendered in defense of the claim of title interposed against the plaintiffs but was unauthorized to the extent that it included attorneys' fees incurred in prosecuting the action brought against the title insurance company and now before us (Doyle v. Allstate Ins. Co., 1 N.Y.2d 439...

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