Appellate Division of the Supreme Court of the State of New York June 4, 2009 (Axelrod v. Magna Carta Companies)

Order, Supreme Court, New York County (Karla Moskowitz, J.), entered November 14, 2007, which, upon the parties’ respective motions for summary judgment, declared that defendants were not obligated to defend and indemnify plaintiff in an underlying copyright infringement action that plaintiff settled, and severed, for purposes of assessment, defendants’ counterclaims for costs, disbursements and