Dupree v. Scottsdale Insurance
Opinion of the Court
Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered on or about June 29, 2012, which, to the extent appealed from, granted plaintiffs’ motions for a preliminary injunction directing defendant insurance company to pay plaintiffs’ defense costs but declined to direct defendant to pay costs accrued by plaintiff Courtney Dupree prior to January 4, 2012, and costs accrued by plaintiff Rodney Watts prior to June 7, 2012, unanimously affirmed, without costs.
The additional defense costs that plaintiffs seek to recover constitute monetary harm which can be compensated by damages and does not constitute irreparable injury for which injunctive relief will be granted (Matter of J.O.M. Corp. v Department of Health of State of N.Y., 173 AD2d 153 [1st Dept 1991]). The motion court properly determined that directing the payment of past defense costs may deplete the $5,000,000 limit on the policy thereby depriving plaintiff Watts of coverage under the policy and disturbing, rather than maintaining, the status quo (see Morris v Port Auth. of N.Y. & N.J., 290 AD2d 22, 26 [1st Dept 2002]).
We have considered plaintiffs’ additional arguments and find them unavailing. Concur — Tom, J.E, Andrias, Renwick, De-Grasse and Richter, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.