LIBERTY MUTUAL INSURANCE COMPANY v. HO


289 A.D.2d 1051 (2001)

735 N.Y.S.2d 286

LIBERTY MUTUAL INSURANCE COMPANY, Appellant, v. JULIE A. HO et al., Respondents, et al., Defendants.

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

Decided December 21, 2001.


Judgment unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted the cross motion of Julie Ann Ho and Joshua Ho (defendants) seeking a declaration that plaintiff has the duty to defend them in the underlying action, defendants may retain independent counsel at plaintiff's expense, and plaintiff shall be liable for costs and reasonable counsel fees associated with the defense of this declaratory judgment action. Plaintiff contends that...

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