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DILLON v. OTIS EL. CO.

22 A.D.3d 1 (2005)

800 N.Y.S.2d 385

VERNON DILLON, Appellant, v. OTIS ELEVATOR CO. et al., Defendants. WHITE FLEISCHNER & FINO, LLP, Nonparty Respondent. (And a Third-Party Action.)

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

July 28, 2005.

Attorney(s) appearing for the Case

Noreen M. Giusti, Kew Gardens Susan A. Mancuso, New York City, and Raskin & Kremins, LLP), New York City, for appellant.

White Fleischner & Fino, LLP, New York City (Alisa Dultz and Nancy Lyness of counsel), for respondent.

MAZZARELLI, J.P., ANDRIAS, SAXE and MARLOW, JJ., concur.

OPINION OF THE COURT

SULLIVAN, J.

This case presents a challenge to the applicability of the oft-repeated principle that withdrawal of counsel retained by a liability insurer to represent a defendant in a third-party action is an inappropriate vehicle for testing the insurer's disclaimer of coverage.

The law firm of White Fleischner & Fino, LLP (WF&F), attorneys of record for defendant and third...

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