Appellate Division of the Supreme Court of New York, 1997

Garcia v. Zito

Appellate Division of the Supreme Court of New York · Decided August 4, 1997

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

Cases that cite this one

9 later published cases cite this decision.

Iacobellis v. A-1 Tool Rental, Inc. (Appellate Division of the Supreme Court of New York 2009)
Sojka v. 43 Wooster LLC (Appellate Division of the Supreme Court of New York 2005)
Viehl v. Doran Group (Appellate Division of the Supreme Court of New York 2014)
Viehl v. Doran Group (Appellate Division of the Supreme Court of New York 2014)
McDonald v. Shore (Appellate Division of the Supreme Court of New York 2012)
McDonald v. Shore (Appellate Division of the Supreme Court of New York 2012)
Seye v. Sibbio (Appellate Division of the Supreme Court of New York 2006)
Pryer v. DeMatteis Organizations, Inc. (Appellate Division of the Supreme Court of New York 1999)
Pietroricca v. City of New York (Appellate Division of the Supreme Court of New York 1998)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

In an action to recover damages for personal injuries caused during an alleged assault, nonparty Gladstein *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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.