Appolino v. Delorbe

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered June 14, 2004, which denied the motion of the nonparty law firm that is house counsel for defendants’ insurance carrier to be relieved as defendants-appellants’ counsel, unanimously reversed, on the law, without costs, the motion granted and the law firm discharged.

The Nassau County default judgment declaring that defendants-appellants’ insurer, Eagle Insurance Company, had no duty to defend was law of the case, and the motion court erred in failing to give it effect in determining the law firm’s motion to withdraw. The…