Legal Opinion

Dillon v. Otis Elevator Co.

Appellate Division of the Supreme Court of the State of New York

Decided July 28, 2005PublishedCited by 5 opinions

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

  1. Brothers v. BurtNew York Court of Appeals · 1970
  2. Monaghan v. MeadeAppellate Division of the Supreme Court of the State of New York · 1983
  3. Galvano v. GalvanoAppellate Division of the Supreme Court of the State of New York · 1993
  4. McCormack v. KamalianAppellate Division of the Supreme Court of the State of New York · 2004
  5. Pryer v. DeMatteis Organizations, Inc.Appellate Division of the Supreme Court of the State of New York · 1999

3 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Ferdico v. ZweigAppellate Division of the Supreme Court of the State of New York · 2011
  2. Seye v. SibbioAppellate Division of the Supreme Court of the State of New York · 2006
  3. Holloman v. Manginelli Realty Co.Appellate Division of the Supreme Court of the State of New York · 2011
  4. Ceitlin v. City of New YorkNew York Supreme Court · 2007
  5. Ruiz v. Frog Co.Appellate Division of the Supreme Court of the State of New York · 2010

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