STEINMAN v. SILBOWITZ


276 A.D.2d 299 (2000)

714 N.Y.S.2d 209

DONNA STEINMAN, Plaintiff, v. IRWIN SILBOWITZ, Respondent. EMPIRE INSURANCE COMPANY et al., Nonparty Appellants.

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

Decided October 10, 2000.


Contrary to the conclusion reached by Supreme Court, we perceive no conflict of interest necessitating a substitution of counsel. As a general rule, "[i]ndependent counsel is only necessary in cases where the defense attorney's duty to the insured would require that he defeat liability on any ground and his duty to the insurer would require that he defeat liability only upon grounds which would render the insurer liable" (Public Serv. Mut. Ins. Co. v Goldfarb,

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