Preview
At a Part of the Supreme Court
of the State New York, held in and for
the County of Richmond at the Courthouse,
26 Central Avenue, Staten Island, NY 10301,
on the ___ day of , 2019
P R E S E N T :
Hon.
Justice
==------==================================X
DENISHA GARRETT,
Plaintiff, ORDER TO
SHOW CAUSE
-against-
Index No.: 153416/2018
YOBANY MORANCHEL and
GEORGE DELGADO,
Defendant,
X
JONATHAN DAMASHEK, ESQ., having moved this Court for an Order to Show Cause
permitting HECHT, KLEEGER & DAMASHEK, P.C. to withdraw as attorneys for plaintiff
DENISHA GARRETT, pursuant to CPLR §321, and upon the reading and filing of the affirmation
of JONATHAN DAMASHEK, ESQ. dated September 18, 2019 and the exhibits annexed thereto,
and allthe pleadings and proceedings had herein, now itis hereby
ORDERED, that plaintiff DENISHA GARRETT, show cause before this court at Part
thereof, at 26 Central Avenue, Room _, Staten Island, New York, on the __ day of
_ __ _ , 2019, at 9:30 A.M. in the forenoon of that day, or as soon thereafter as counsel
can be heard, why an order should not be entered permitting HECHT, KLEEGER &
DAMASHEK, P.C. to withdraw as counsel for the plaintiff, DENISHA GARRETT, granting
HECHT, KLEEGER & DAMASHEK, P.C. a lien for disbursements and attorney fees pursuant to
Judiciary Law §475 and permitting plaintiff a stay of all proceedings in this action for a period of
sixty (60) days from service of an order with notice of entry to that effect, and itis further;
ORDERED, that service of a copy of this order, together with the papers upon which itis
be served upon DENISHA via certified mail/return receipt to plaintiff's last-
granted, GARRETT,
known mailing address, to wit, and upon defendant, YOBANY MORANCHEL i/s/h/aNEW YORK
AMERICAN WATER's counsel, CONNORS & CONNORS, P.C., 766 Castleton Avenue, Staten
Island, NY 10310 and defendant, GEORGE DELGADO's counsel, LAW OFFICE OF NICOLE
LESPERANCE, 1400 Old Country Road, Suite 201, Westbury, NY 11590 via overnight mail on
or before the day of , 2019, be deemed good and sufficient
service.
E N T E R
J. S. C.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
X
DENISHA GARRETT,
Plaintiff, ATTORNEY
AFFIRMATION
-against-
Index No.: 153416/2018
YOBANY MORANCHEL and
GEORGE DELGADO,
Defendant,
X
JONATHAN DAMASHEK, ESQ., an attorney duly admitted to practice before the
Courts of this State affirms the truth of the following under the penalty of perjury:
1. I am a member of the law firm of HECHT, KLEEGER & DAMASHEK, P.C.,
attorneys for the plaintiff and as such am fully familiar with the facts and circumstances herein.
2. I submit this affirmation in support of this motion for an Order, permitting HECHT,
KLEEGER & DAMASHEK, P.C. pursuant to CPLR §321, to withdraw as counsel for the plaintiff,
DENISHA GARRETT, and further granting HECHT, KLEEGER & DAMASHEK, P.C. a lien for
attorney fees and disbursements in connection with this matter pursuant to Judiciary Law §475.
3. This is a personal injury action that arose out of a motor vehicle accident that
occurred on December 2, 2018. Plaintiff was caused to sustain severe personal injuries due to the
negligence of the defendants in the ownership, operation, maintenance, and control, of their vehicle
at or about Richmond Terrace at/near the intersection of Union Avenue in the City and State of
New York, County of Richmond.
4. Plaintiff originally retained HECHT, KLEEGER & DAMASHEK, P.C. on
December 3, 2018 to prosecute this matter. A copy of the retainer agreement is annexed hereto as
Exhibit "A".
5. The attorney client relationship has deteriorated to a point that this firm can no
longer represent plaintiff effectively as her counsel. As such HECHT, KLEEGER &
DAMASHEK, P.C. seeks to withdraw as counsel on behalf of the plaintiff.
6. If the Court requires further details of the dealings with plaintiff, HECHT,
KLEEGER & DAMASHEK, P.C. respectfully requests the opportunity to submit a separate
affirmation in camera to avoid prejudicing the rights of the plaintiff herein.
7. Furthermore, we request a stay of all proceedings as against the plaintiffs in this
action for a period of sixty (60) days from service of an Order with Notice of Entry to allow
plaintiffs to retain new counsel.
8. No prior request for the instant relief has been made to this or any Court.
WHEREFORE, it is respectfully requested that this Honorable Court grant the instant
application permitting this firm to withdraw as Counsel for the plaintiff and granting a sixty (60)
day temporary stay as to allproceedings.
Dated: September 18, 2019
New York, New York
JONAPFfAN ASHEK, ESQ.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND Index No.: 153416/18
DENISHA GARRETT,
Plaintiff,
- against -
YOBANY MORANCHEL
and GEORGE DELGADO,
Defendants,
ORDER TO SHOW CAUSE WITH EXHIBIT
HECHT, KLEEGER & DAMASHEK, P.C.
Attorneys for Plaintiff
44th
19 West street -suite 1500
New York, NY 10036
(212) 490-5700
Signature (Rule 130-1.1-a)
................................
Print name beneath
Preview
At a Part of the Supreme Court of the State New York, held in and for the County of Richmond at the Courthouse, 26 Central Avenue, Staten Island, NY 10301, on the ___ day of , 2019 P R E S E N T : Hon. Justice ==------==================================X DENISHA GARRETT, Plaintiff, ORDER TO SHOW CAUSE -against- Index No.: 153416/2018 YOBANY MORANCHEL and GEORGE DELGADO, Defendant, X JONATHAN DAMASHEK, ESQ., having moved this Court for an Order to Show Cause permitting HECHT, KLEEGER & DAMASHEK, P.C. to withdraw as attorneys for plaintiff DENISHA GARRETT, pursuant to CPLR §321, and upon the reading and filing of the affirmation of JONATHAN DAMASHEK, ESQ. dated September 18, 2019 and the exhibits annexed thereto, and allthe pleadings and proceedings had herein, now itis hereby ORDERED, that plaintiff DENISHA GARRETT, show cause before this court at Part thereof, at 26 Central Avenue, Room _, Staten Island, New York, on the __ day of _ __ _ , 2019, at 9:30 A.M. in the forenoon of that day, or as soon thereafter as counsel can be heard, why an order should not be entered permitting HECHT, KLEEGER & DAMASHEK, P.C. to withdraw as counsel for the plaintiff, DENISHA GARRETT, granting HECHT, KLEEGER & DAMASHEK, P.C. a lien for disbursements and attorney fees pursuant to Judiciary Law §475 and permitting plaintiff a stay of all proceedings in this action for a period of sixty (60) days from service of an order with notice of entry to that effect, and itis further; ORDERED, that service of a copy of this order, together with the papers upon which itis be served upon DENISHA via certified mail/return receipt to plaintiff's last- granted, GARRETT, known mailing address, to wit, and upon defendant, YOBANY MORANCHEL i/s/h/aNEW YORK AMERICAN WATER's counsel, CONNORS & CONNORS, P.C., 766 Castleton Avenue, Staten Island, NY 10310 and defendant, GEORGE DELGADO's counsel, LAW OFFICE OF NICOLE LESPERANCE, 1400 Old Country Road, Suite 201, Westbury, NY 11590 via overnight mail on or before the day of , 2019, be deemed good and sufficient service. E N T E R J. S. C. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND X DENISHA GARRETT, Plaintiff, ATTORNEY AFFIRMATION -against- Index No.: 153416/2018 YOBANY MORANCHEL and GEORGE DELGADO, Defendant, X JONATHAN DAMASHEK, ESQ., an attorney duly admitted to practice before the Courts of this State affirms the truth of the following under the penalty of perjury: 1. I am a member of the law firm of HECHT, KLEEGER & DAMASHEK, P.C., attorneys for the plaintiff and as such am fully familiar with the facts and circumstances herein. 2. I submit this affirmation in support of this motion for an Order, permitting HECHT, KLEEGER & DAMASHEK, P.C. pursuant to CPLR §321, to withdraw as counsel for the plaintiff, DENISHA GARRETT, and further granting HECHT, KLEEGER & DAMASHEK, P.C. a lien for attorney fees and disbursements in connection with this matter pursuant to Judiciary Law §475. 3. This is a personal injury action that arose out of a motor vehicle accident that occurred on December 2, 2018. Plaintiff was caused to sustain severe personal injuries due to the negligence of the defendants in the ownership, operation, maintenance, and control, of their vehicle at or about Richmond Terrace at/near the intersection of Union Avenue in the City and State of New York, County of Richmond. 4. Plaintiff originally retained HECHT, KLEEGER & DAMASHEK, P.C. on December 3, 2018 to prosecute this matter. A copy of the retainer agreement is annexed hereto as Exhibit "A". 5. The attorney client relationship has deteriorated to a point that this firm can no longer represent plaintiff effectively as her counsel. As such HECHT, KLEEGER & DAMASHEK, P.C. seeks to withdraw as counsel on behalf of the plaintiff. 6. If the Court requires further details of the dealings with plaintiff, HECHT, KLEEGER & DAMASHEK, P.C. respectfully requests the opportunity to submit a separate affirmation in camera to avoid prejudicing the rights of the plaintiff herein. 7. Furthermore, we request a stay of all proceedings as against the plaintiffs in this action for a period of sixty (60) days from service of an Order with Notice of Entry to allow plaintiffs to retain new counsel. 8. No prior request for the instant relief has been made to this or any Court. WHEREFORE, it is respectfully requested that this Honorable Court grant the instant application permitting this firm to withdraw as Counsel for the plaintiff and granting a sixty (60) day temporary stay as to allproceedings. Dated: September 18, 2019 New York, New York JONAPFfAN ASHEK, ESQ. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND Index No.: 153416/18 DENISHA GARRETT, Plaintiff, - against - YOBANY MORANCHEL and GEORGE DELGADO, Defendants, ORDER TO SHOW CAUSE WITH EXHIBIT HECHT, KLEEGER & DAMASHEK, P.C. Attorneys for Plaintiff 44th 19 West street -suite 1500 New York, NY 10036 (212) 490-5700 Signature (Rule 130-1.1-a) ................................ Print name beneath