Legal Opinion

Phoenix Assurance Co. v. C.A. Shea & Co.

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

Decided March 13, 1997PublishedCited by 6 opinions

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

  1. Kirshon, Shron, Cornell & Teitelbaum v. SavareseAppellate Division of the Supreme Court of the State of New York · 1992
  2. Martinez v. SuozziAppellate Division of the Supreme Court of the State of New York · 1992
  3. L & W Supply Corp. v. RuthmanAppellate Division of the Supreme Court of the State of New York · 1987
  4. DiIorio v. Gibson & Cushman of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
  5. Humphrey v. C-Kitchens, Inc.Appellate Division of the Supreme Court of the State of New York · 1993

3Cited by6 opinions

  1. Sokolow, Dunaud, Mercadier & Carreras LLP v. LacherAppellate Division of the Supreme Court of the State of New York · 2002
  2. Skiff-Murray v. MurrayAppellate Division of the Supreme Court of the State of New York · 2004
  3. Meccariello v. Di PasqualeAppellate Division of the Supreme Court of the State of New York · 2006
  4. Spinner v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2011
  5. Dishi v. Federal InsuranceAppellate Division of the Supreme Court of the State of New York · 2013

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