Legal Opinion

Rusolo v. Skate Odyssey

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

Decided March 25, 1985PublishedCited by 3 opinions

1Opinion of the Court

— In a negligence action to recover damages for personal injuries, etc., Killarney, Fabiani & Brody, defendant’s law firm, appeals from an order of the Supreme Court, Kings County (Pizzuto, J.), dated December 3, 1984, which denied its application for leave to withdraw as counsel for the defendant in the above-entitled matter.

Order affirmed, with costs.

A motion to withdraw as counsel is an inappropriate means of testing the propriety of an insurance carrier’s disclaimer of liability on the ground of lack of cooperation by the insured (see, Brothers v Burt, 27 NY2d 905; Presley v Williams, 57…

2Cases cited3 opinions

  1. Brothers v. BurtNew York Court of Appeals · 1970
  2. Monaghan v. MeadeAppellate Division of the Supreme Court of the State of New York · 1983
  3. Presley v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1977

3Cited by3 opinions

  1. Pryer v. DeMatteis Organizations, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
  2. People v. ELRAC, Inc.New York Supreme Court · 2002
  3. Seye v. SibbioAppellate Division of the Supreme Court of the State of New York · 2006

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