Opinion
March 1, 1999
Appeal from the Supreme Court, Nassau County (Alpert, J.).
Ordered that the order is reversed, on the law, with costs, and the motion is denied, without prejudice to the commencement of a declaratory judgment action by Amerisure Companies.
The motion of Ahmuty, Demers McManus to withdraw as counsel for the County of Nassau was a "poor vehicle" for testing the propriety of the disclaimer of coverage which had been issued by the County's insurance carrier, Amerisure Companies ( Brothers v. Burt, 27 N.Y.2d 905, 906; see, Garcia v. Zito, 242 A.D.2d 258; Laura Accessories v. A.P.A. Warehouses, 140 A.D.2d 182; Rusolo v. Skate Odyssey, 109 A.D.2d 875; Monaghan v. Meade, 91 A.D.2d 1014). The appropriate vehicle for resolving a dispute over the coverage offered by a policy is a declaratory judgment action in which the County would be able to adequately litigate the facts of the insurance carrier's disclaimer ( see, Laura Accessories v. A.P.A. Warehouses, supra, at 182; Monaghan v. Meade, supra, at 1015).
Miller, J. P., Sullivan, Friedmann and Luciano, JJ., concur.