Opinion
December 3, 1970
Order of the Supreme Court, New York County, entered on June 16, 1970, denying leave to attorneys to withdraw on the ground of cancellation of insurance, unanimously reversed on the law, without costs and without disbursements, and the motion is granted, without prejudice to any of the parties seeking relief by any proper independent proceeding or plenary action. The insurance company, having canceled the policy for nonpayment of premiums, the attorneys are placed in an untenable position by being directed to continue an attorney-client relationship, no longer properly viable because of the action taken by the employers of the attorneys. The attorneys, not improperly, also have a loyalty to the insurance company which has engaged their services. Thus, there is a readily discernible conflict of interest between their obligations to their employer and the defendant in the personal injury action. This has been held to be grounds sufficient for the termination of the professional relationship. ( Bruno v. Von Der Linn, 19 A.D.2d 887; Impellizzeri v. Haug, 282 App. Div. 742.)
Concur — Stevens, P.J., Eager, Capozzoli and McGivern, JJ.