JULIAN v. SECURITY MUTUAL INSURANCE COMPANY


281 A.D.2d 954 (2001)

722 N.Y.S.2d 455

DAVID A. JULIAN, Respondent, v. SECURITY MUTUAL INSURANCE COMPANY, Appellant.

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

Decided March 21, 2001.


Judgment unanimously affirmed with costs.

Memorandum:

Supreme Court properly awarded attorney's fees to plaintiff upon determining following a bench trial that plaintiff is entitled to recover for property damage covered under an insurance policy issued by defendant. The legal untenability of defendant's position should have been apparent to defendant from the outset of the action, and thus the defense to plaintiff's action was "completely without merit in...

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