Friday, November 30, 2012

Motions to withdraw as counsel.

Practice point: Where defendant's insurer in a personal injury action issues a contested disclaimer of coverage in the midst of litigation, it is inappropriate to grant a motion to withdraw by the attorney the insurer has provided.

Student note: The decision to grant or deny permission for counsel to withdraw lies within the discretion of the trial court, and the court's decision should not be overturned on appeal absent a showing of an improvident exercise of discretion.

Case: McDonald v. Shore, NY Slip Op 07277 (2d Dept. 2012).

Here is the decision.

Monday’s issue: Defective tree-wells.