Brothers v. Burt

Memorandum. The order of the Appellate Division should be affirmed, with costs. The order denying the attorney’s motion to withdraw from representation of the insureds in this personal injury negligence action rested in an exercise of discretion in the management of the litigation (see Cohen and Karger, Powers of the New York Court of Appeals, § 151). Consequently, in the absence of an abuse of discretion as a matter of law this court will not reverse such an order (id.). The instant order, far from resulting from an abuse of discretion, was based on the recognition, as the parties concede,…