| Federal Ins. Co. v Kozlowski |
| 2005 NY Slip Op 02287 |
| Decided on March 22, 2005 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on March 22, 2005
Saxe, J.P., Friedman, Sullivan, Nardelli, Williams, JJ.
5109-
[*1]5109AFederal Insurance Company, Plaintiff-Appellant,
v
L. Dennis Kozlowski, Defendant-Respondent, Tyco International Ltd., et al., Defendants.
Hogan & Hartson L.L.P., Washington, DC (David J. Hensler, of
the District of Columbia Bar, admitted pro hac vice, of counsel),
for appellant.
Anderson Kill & Olick, P.C., New York (William G.
Passannante of counsel), for respondent.
Interlocutory judgment, Supreme Court, New York County
(Helen E. Freedman, J.), entered June 22, 2004, modified, on the
law, to declare that plaintiff's obligations with respect to the
criminal proceeding and the securities action are limited to
defense costs incurred, subject to apportionment and
reimbursement for the cost of the defense of non-covered claims, and
otherwise affirmed, without costs or disbursements. Appeal
from order, same court and Justice, entered on or about March 5,
2004, dismissed, without costs or disbursements.
Opinion by Sullivan, J. All concur.
Order filed.