Garcia v. Zito

Appellate Division of the Supreme Court of New York

Garcia v. Zito

242 A.D.2d 258, 661 N.Y.S.2d 33, 1997 N.Y. App. Div. LEXIS 8215

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

DecidedAugust 4, 1997

StatusPublished

Cited by9 cases

This text of 242 A.D.2d 258 (Garcia v. Zito) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Garcia v. Zito, 242 A.D.2d 258, 661 N.Y.S.2d 33, 1997 N.Y. App. Div. LEXIS 8215 (N.Y. Ct. App. 1997).

Pincite

Opinion

In an action to recover damages for personal injuries caused during an alleged assault, nonparty Gladstein [259]*259& Isaac, the attorney of record, for the defendant Club South Inc., d/b/a Phases, appeals from an order of the Supreme Court, Suffolk County (Cohalan, J.), dated June 5, 1996, which denied its motion for leave to withdraw as counsel for that defendant.

Ordered that the order is affirmed, with costs.

The court correctly denied the appellant’s motion to withdraw as counsel as an improper attempt to test the attempted disclaimer of coverage by the insurer of the defendant Club South Inc., d/b/a Phases (see, Brothers v Burt, 27 NY2d 905; Monaghan v Meade, 91 AD2d 1014, 1015; Laura Accessories v A.P.A. Warehouses, 140 AD2d 182; cf., Dordal v Laces Roller Corp., 143 AD2d 727; Cullen v Olins Leasing, 91 AD2d 537, 538). The right of an insurer to deny coverage “can only be resolved by a declaratory judgment action in which the defendant would be able to adequately litigate the facts of [the insurance company’s] disclaimer” (Laura Accessories v A.P.A. Warehouses, supra, at 182). Ritter, J. P., Sullivan, Altman and McGinity, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In an action to recover damages for personal injuries caused during an alleged assault, nonparty Gladstein [259]*259& Isaac, the attorney of record, for the defendant Club South Inc., d/b/a Phases, appeals from an order of the Supreme Court, Suffolk County (Cohalan, J.), dated June 5, 1996, which denied its motion for leave to withdraw as counsel for that defendant.

Ordered that the order is affirmed, with costs.

The court correctly denied the appellant’s motion to withdraw as counsel as an improper attempt to test the attempted disclaimer of coverage by the insurer of the defendant Club South Inc., d/b/a Phases (see, Brothers v Burt, 27 NY2d 905; Monaghan v Meade, 91 AD2d 1014, 1015; Laura Accessories v A.P.A. Warehouses, 140 AD2d 182; cf., Dordal v Laces Roller Corp., 143 AD2d 727; Cullen v Olins Leasing, 91 AD2d 537, 538). The right of an insurer to deny coverage “can only be resolved by a declaratory judgment action in which the defendant would be able to adequately litigate the facts of [the insurance company’s] disclaimer” (Laura Accessories v A.P.A. Warehouses, supra, at 182). Ritter, J. P., Sullivan, Altman and McGinity, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

242 A.D.2d 258, 661 N.Y.S.2d 33, 1997 N.Y. App. Div. LEXIS 8215, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garcia-v-zito-nyappdiv-1997.

Opinion

Related

Cite This Page — Counsel Stack