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DZIELSKI v. ESSEX INSURANCE COMPANY

CA 11-00887.

90 A.D.3d 1493 (2011)

935 N.Y.S.2d 402

2011 NY Slip Op 9374

MARK DZIELSKI et al., Respondents, v. ESSEX INSURANCE COMPANY, Appellant, et al., Defendant.

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

Decided December 23, 2011.

It is hereby ordered that the judgment so appealed from is modified on the law by reducing the award of $950,000 to $499,500, plus interest, and as modified the judgment is affirmed without costs.

Memorandum: Plaintiffs commenced this action seeking judgment declaring that defendant is obligated to indemnify its insured in the underlying personal injury action commenced by plaintiffs, in which defendant's insured had defaulted...

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