Court of Appeals of New York.
J. Herbert GRIMSEY et al., Respondents,
v.
LAWYERS TITLE INSURANCE CORPORATION, Defendant-Appellant and Third-Party
Plaintiff, Thomas P. Lynch, Third-Party Defendant.  (And Another Title.)
Dec. 29, 1972.
 Action was brought for breach of contract of title insurance.  The Supreme 
Court, Rockland County, entered judgment in favor of plaintiffs against title 
insurance company, and the company appealed.  The Supreme Court, Appellate 
Division, Second Department, modified, affirmed and remanded, 38 A.D.2d 572, 328 
N.Y.S.2d 474, and leave to appeal was granted.  The Court of Appeals held that 
award for amount of plaintiffs' counsel fees was proper insofar as it embraced 
the cost of services rendered in defense of the claim of title interposed 
against them, but was unauthorized to the extent that it included fees incurred 
in prosecuting the instant action against the title insurance company and on 
appeal in that action.
 Order of Appellate Division modified and affirmed.
West Headnotes
Insurance  3375
217k3375 Most Cited Cases
(Formerly 217k675)
In action for breach of contract of title insurance in which plaintiffs 
recovered to the extent of their interest, award for amount of plaintiffs' 
counsel fees was proper insofar as it embraced the cost of services rendered in 
defense of the claim of title interposed against them, but was unauthorized to 
the extent that it included fees incurred in prosecuting the action against the 
title insurance company and on appeal in that action.
 ***101 **250 *955 Samuel Kirschenbaum and Arthur Winoker, New York City, for 
appellant.
 Krashes, Leyden & Lessinger, Spring Valley, for respondents.
 No appearance for third-party defendant.
 MEMORANDUM.
 The award for the amount of plaintiffs' counsel fees was proper insofar as it 
embraced the cost of services rendered in defense of the claim of title 
interposed against the plaintiffs but was unauthorized to the extent that it 
included attorneys' fees incurred in prosecuting the action brought against the 
title insurance company and now before us (Doyle v. Allstate Ins. Co., 1 N.Y.2d 
439, 154 N.Y.S.2d 10, 136 N.E.2d 484); and remand is necessary for determination 
of the amount of the attorneys' fees properly incurred in the defense of the 
title action and for modification of the judgment accordingly. Otherwise, the 
order of the Appellate Division, 328 N.Y.S.2d 474, to the extent that it is 
before us pursuant to the Appellate Division's grant of leave, is correct.
 The order appealed from should be modified so as to provide that the case be 
remitted to the Supreme Court, Rockland County, for further proceedings in 
accordance with this memorandum and, as so modified, affirmed, without costs.
 FULD, C.J., and BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON, JJ., 
concur.
 Ordered accordingly.
341 N.Y.S.2d 100, 31 N.Y.2d 953, 293 N.E.2d 249
END OF DOCUMENT
Court of Appeals of New York.
J. Herbert GRIMSEY et al., Respondents,v.LAWYERS TITLE INSURANCE CORPORATION, Defendant-Appellant and Third-PartyPlaintiff, Thomas P. Lynch, Third-Party Defendant.  (And Another Title.)

Dec. 29, 1972.

 Action was brought for breach of contract of title insurance.  The Supreme Court, Rockland County, entered judgment in favor of plaintiffs against title insurance company, and the company appealed.  The Supreme Court, Appellate Division, Second Department, modified, affirmed and remanded, 38 A.D.2d 572, 328 N.Y.S.2d 474, and leave to appeal was granted.  The Court of Appeals held that award for amount of plaintiffs' counsel fees was proper insofar as it embraced the cost of services rendered in defense of the claim of title interposed against them, but was unauthorized to the extent that it included fees incurred in prosecuting the instant action against the title insurance company and on appeal in that action.
 Order of Appellate Division modified and affirmed.

West Headnotes
Insurance  3375217k3375 Most Cited Cases (Formerly 217k675)
In action for breach of contract of title insurance in which plaintiffs recovered to the extent of their interest, award for amount of plaintiffs' counsel fees was proper insofar as it embraced the cost of services rendered in defense of the claim of title interposed against them, but was unauthorized to the extent that it included fees incurred in prosecuting the action against the title insurance company and on appeal in that action. ***101 **250 *955 Samuel Kirschenbaum and Arthur Winoker, New York City, for appellant.
 Krashes, Leyden & Lessinger, Spring Valley, for respondents.
 No appearance for third-party defendant.

 MEMORANDUM.
 The award for the amount of plaintiffs' counsel fees was proper insofar as it embraced the cost of services rendered in defense of the claim of title interposed against the plaintiffs but was unauthorized to the extent that it included attorneys' fees incurred in prosecuting the action brought against the title insurance company and now before us (Doyle v. Allstate Ins. Co., 1 N.Y.2d 439, 154 N.Y.S.2d 10, 136 N.E.2d 484); and remand is necessary for determination of the amount of the attorneys' fees properly incurred in the defense of the title action and for modification of the judgment accordingly. Otherwise, the order of the Appellate Division, 328 N.Y.S.2d 474, to the extent that it is before us pursuant to the Appellate Division's grant of leave, is correct.
 The order appealed from should be modified so as to provide that the case be remitted to the Supreme Court, Rockland County, for further proceedings in accordance with this memorandum and, as so modified, affirmed, without costs.

 FULD, C.J., and BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON, JJ., concur.
 Ordered accordingly.
341 N.Y.S.2d 100, 31 N.Y.2d 953, 293 N.E.2d 249
END OF DOCUMENT