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PRYER v. DEMATTEIS ORGANIZATIONS, INC.

259 A.D.2d 476 (1999)

686 N.Y.S.2d 97

TIMOTHY PRYER et al., Plaintiffs, v. DEMATTEIS ORGANIZATIONS, INC., Defendant and Third-Party Plaintiff, et al., Defendants. COUNTY OF NASSAU, Third-Party Defendant-Appellant. AHMUTY, DEMERS & McMANUS, Nonparty Respondent.

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

Decided March 1, 1999.

Ordered that the order is reversed, on the law, with costs, and the motion is denied, without prejudice to the commencement of a declaratory judgment action by Amerisure Companies.

The motion of Ahmuty, Demers & McManus to withdraw as counsel for the County of Nassau was a "poor vehicle" for testing the propriety of the disclaimer of coverage which had been issued by the County's insurance carrier, Amerisure Companies (Brothers v Burt,

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