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ELIAS v. LEE

56 Misc.2d 1062 (1968)

Elizabeth L. Elias et al., Plaintiffs. v. Tracy Lee et al., Defendants.

Civil Court of City of New York, Special Term, New York County.

April 24, 1968

Attorney(s) appearing for the Case

Martin Rosen for defendants. Robert G. Sheller for Motor Vehicle Accident Indemnification Corporation, intervening in opposition to defendants' motion. Tell, Cheser, Werner & Breitbart (Marshall Blumenfeld of counsel), for plaintiffs.

ALLEN MURRAY MYERS, J.

The motion of the attorney for the defendants for leave to withdraw from the defense of the action is denied, without prejudice to the prosecution of a plenary action to disclaim in which all parties to the action are before the court (cf. Ganas v. Terry, 16 A.D.2d 826).

The moving attorney was retained by his principal, Canal Insurance Company of Greenville, South Carolina, the...

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