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CHASE BANK v. UNDERWRITER

258 A.D.2d 1 (1999)

690 N.Y.S.2d 570

CHASE MANHATTAN BANK, N. A., Plaintiff, v. EACH INDIVIDUAL UNDERWRITER BOUND TO LLOYD'S POLICY NO. 790/ 004A89005, Defendant. (Action No. 1.) CHASE MANHATTAN BANK, N. A., Respondent, v. RICHARD J. KUH et al., Appellants. (And Another Action.) (Action No. 2.) (Appeal No. 2992.) CHASE MANHATTAN BANK, N. A., Plaintiff, v. EACH INDIVIDUAL UNDERWRITER BOUND TO LLOYD'S POLICY NO. 790/ 004A89005, Defendant. (Action No. 1.) CHASE MANHATTAN BANK, N. A., Respondent, v. RICHARD J. KUH et al., Appellants. (Action No. 2.) ARCHER SERVICES, INC., et al., Respondents, v. RICHARD J. KUH et al., Appellants. (Action No. 3.) (Appeal No. 2993.)

Appellate Division of the Supreme Court of the State of New York, First Department.

June 3, 1999.

Attorney(s) appearing for the Case

William Hart of counsel (Timothy B. Parlin and Judah Schecter on the brief; Law offices of William Hart and Chase Manhattan Legal Department, attorneys), for respondents.

Gil A. Isidro of counsel (Robert M. Sullivan on the brief; Lustig & Brown, L. L. P., attorneys), for appellants.

ROSENBERGER and WALLACH, JJ., concur with SULLIVAN, J. P.; MAZZARELLI, J., dissents in part in a separate opinion.

OPINION OF THE COURT

SULLIVAN, J. P.

The issue on this appeal from the denial of the motion by defendants Richard J. Kuh, KBS International Corp. and KBS Brokerage Corp. (Kuh/KBS) to dismiss so much of the complaints in these consolidated actions as seek to recover attorneys' fees and expenses from Kuh/KBS is whether, in an action against a broker whose negligence leads to a lack of coverage, an insured is entitled to recover attorneys' fees expended in...

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