COLUCCIO v. KNOPF


68 Misc.2d 784 (1971)

Joan Coluccio et al., Respondents, v. Florence C. Knopf, Respondent. Benjamin Purvin, Appellant.

Supreme Court, Appellate Term, First Department.

December 2, 1971


Attorney(s) appearing for the Case

Benjamin Purvin, appellant in person. Harold M. Foster and Bernard Abel for Greater New York Mutual Insurance Company, respondent. Harry Ander and Max Ander for Joan Coluccio and another, respondents.

Concur — STREIT, LUPIANO and MARKOWITZ, JJ.


Per Curiam.

Defendant forwarded a summons to Allstate Insurance Company in connection with a 1968 personal injury action. It retained appellant to defend the action. Subsequently the carrier discovered that it was not the insurer for defendant at the time of said accident. Appellant should be permitted to withdraw as attorney for defendant.

An insurance contract cannot be created by estoppel where none existed before (Government Employees Ins. Co...

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