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RUIZ v. FROG CO., LLC

3417N, 106394/08, 590172/09.

77 A.D.3d 513 (2010)

JUAN RUIZ et al., Plaintiffs, v. FROG CO., LLC, et al., Defendants. McGOVERN & COMPANY, LLC, Third-Party Plaintiff, v. MIDTOWN CONTRACTING CORPORATION, Third-Party Defendant, and ALDO'S IRON WORKS, INCORPORATED, Third-Party Defendant-Appellant. BARRY McTIERNAN & MOORE, Nonparty Respondent.

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

Decided October 21, 2010.

Aldo's was plaintiff's employer when plaintiff sustained injuries at his workplace. Aldo's liability carrier, National Contractors Insurance Company, Inc. (NCIC), provided coverage under the policy up to $6,000 per occurrence and advised Aldo's that it would no longer pay to defend the claim or indemnify it in the case of liability since the $6,000 limit had been reached.

Although a motion for withdrawal by counsel is an...

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