Phoenix Assurance Co. v. C.A. Shea & Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Ira Gammerman, J.), entered November 12, 1996, which, insofar as appealed from, denied defendant’s motion to dismiss the complaint on the ground of release and granted plaintiff’s motion to disqualify defendant’s counsel of record, unanimously modified, on the law, the facts and in the exercise of discretion, the motion to disqualify denied, with leave to renew at the close of discovery, and otherwise affirmed, without costs.
The court properly denied the motion to dismiss since defendant is not unambiguously encompassed by the plain language of the…
2Cases cited5 opinions
- Kirshon, Shron, Cornell & Teitelbaum v. SavareseAppellate Division of the Supreme Court of the State of New York · 1992
- Martinez v. SuozziAppellate Division of the Supreme Court of the State of New York · 1992
- L & W Supply Corp. v. RuthmanAppellate Division of the Supreme Court of the State of New York · 1987
- DiIorio v. Gibson & Cushman of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
- Humphrey v. C-Kitchens, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
3Cited by6 opinions
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- Meccariello v. Di PasqualeAppellate Division of the Supreme Court of the State of New York · 2006
- Spinner v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2011
- Dishi v. Federal InsuranceAppellate Division of the Supreme Court of the State of New York · 2013
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