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AMERICAN HOME ASSURANCE COMPANY v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY

13853N 651096/12

123 A.D.3d 633 (2014)

2014 NY Slip Op 09044

1 N.Y.S.3d 29

AMERICAN HOME ASSURANCE COMPANY, Appellant, v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY, Respondent, et al., Defendants.

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

Decided December 30, 2014.

"[A]n insured who is cast in a defensive posture by the legal steps an insurer takes in an effort to free itself from its policy obligations, and who prevails on the merits, may recover attorneys' fees incurred in defending against the insurer's action" (U.S. Underwriters Ins. Co. v City Club Hotel, LLC, 3 N.Y.3d 592, 597-598 [2004] [internal quotation marks omitted]). Here, the motion court correctly determined that defendant is...

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