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PRESLEY v. WILLIAMS

57 A.D.2d 947 (1977)

Charles Presley, Respondent, v. Cecil Williams, Respondent, and Perry Sklarin, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 31, 1977

Order affirmed, with $50 costs and disbursements to plaintiff payable by appellant.

An attorney cannot use a motion to withdraw as a means of determining the validity of an insurance company's disclaimer (Brothers v Burt, 27 N.Y.2d 905). However, Special Term was premature in determining that the insurance company was estopped from disclaiming liability. The appropriate vehicle to resolve that issue is a declaratory judgment...

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