Legal Opinion
Laura Accessories, Inc. v. A.P.A. Warehouses, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided May 10, 1988PublishedCited by 7 opinions
1Opinion of the Court
APA’s insurance company assigned counsel to represent APA in this action by a lessee of APA’s warehouse for damages from losses due to burglary at the warehouse. Counsel moved to withdraw on the grounds that APA violated the terms of the insurance policy by failing to notify the insurance company of the claim as soon as practicable.
The right to deny coverage is not properly tested by a motion of counsel to withdraw. The issue can only be resolved by a declaratory judgment action in which the defendant would be able to adequately litigate the facts of its disclaimer. The IAS court’s decision,…
2Cases cited3 opinions
- Brothers v. BurtNew York Court of Appeals · 1970
- Monaghan v. MeadeAppellate Division of the Supreme Court of the State of New York · 1983
- Presley v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1977
3Cited by7 opinions
- Garcia v. ZitoAppellate Division of the Supreme Court of the State of New York · 1997
- Pryer v. DeMatteis Organizations, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Iacobellis v. A-1 Tool Rental, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- Seye v. SibbioAppellate Division of the Supreme Court of the State of New York · 2006
- Sojka v. 43 Wooster LLCAppellate Division of the Supreme Court of the State of New York · 2005
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