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HENRY BROS. v. BURT

27 N.Y.2d 905 (1970)

Henry Brothers, Respondent, v. John H. Burt et al., Defendants. J. Robert Morris, Appellant.

Court of Appeals of the State of New York.

Decided November 25, 1970.

Attorney(s) appearing for the Case

J. Robert Morris, appellant pro se, and Joseph D. Ahearn and John M. Percy for appellant.

Bernard Meyerson for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs. The order denying the attorney's motion to withdraw from representation of the insureds in this personal injury negligence action rested in an exercise of discretion in the management of the litigation (see Cohen and Karger, Powers of the New York Court of Appeals, § 151). Consequently, in the absence of an abuse of discretion as a matter...

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