Dillon v. Otis Elevator Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Sullivan, J.
This case presents a challenge to the applicability of the oft-repeated principle that withdrawal of counsel retained by a liability insurer to represent a defendant in a third-party action is an inappropriate vehicle for testing the insurer’s disclaimer of coverage.
The law firm of White Fleischner & Fino, LLP (WF&F), attorneys of record for defendant and third-party plaintiff Bush Elevator Corp., having been assigned to represent Bush by its liability insurer, CNA/Continental Casualty Company (CNA), moved to withdraw as Bush’s attorneys based on the latter’s…
2Cases cited8 opinions
- Brothers v. BurtNew York Court of Appeals · 1970
- Monaghan v. MeadeAppellate Division of the Supreme Court of the State of New York · 1983
- Galvano v. GalvanoAppellate Division of the Supreme Court of the State of New York · 1993
- McCormack v. KamalianAppellate Division of the Supreme Court of the State of New York · 2004
- Pryer v. DeMatteis Organizations, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
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- Ceitlin v. City of New YorkNew York Supreme Court · 2007
- Ruiz v. Frog Co.Appellate Division of the Supreme Court of the State of New York · 2010