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Garcia v. Zito

Appellate Division of the Supreme Court of New York, Second Department
Aug 4, 1997
242 A.D.2d 258 (N.Y. App. Div. 1997)

Opinion

August 4, 1997

Appeal from the Supreme Court, Suffolk County (Cohalan, J.).


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 N.Y.2d 905; Monaghan v Meade, 91 A.D.2d 1014, 1015; Laura Accessories v. A.P.A. Warehouses, 140 A.D.2d 182; cf., Dordal v. Laces Roller Corp., 143 A.D.2d 727; Cullen v. Olins Leasing, 91 A.D.2d 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.


Summaries of

Garcia v. Zito

Appellate Division of the Supreme Court of New York, Second Department
Aug 4, 1997
242 A.D.2d 258 (N.Y. App. Div. 1997)
Case details for

Garcia v. Zito

Case Details

Full title:MARC A. GARCIA, Respondent, v. ANTHONY ZITO et al., Defendants. GLADSTEIN…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Aug 4, 1997

Citations

242 A.D.2d 258 (N.Y. App. Div. 1997)
661 N.Y.S.2d 33

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