On March 28, 2018 a
Motion-Secondary
was filed
involving a dispute between
Uddin Mohammed,
and
Sameh Amir,
for Torts - Other Negligence (Assault)
in the District Court of Queens County.
Preview
FILED: QUEENS COUNTY CLERK 09/14/2022 10:45 AM INDEX NO. 704694/2018
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 09/14/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
---------------------------------------------------------------------X
MOHAMMED UDDIN Index No.: 704694/2018
Plaintiff, AFFIRMATION IN SUPPORT
-against-
SAMEH AMIR
Defendants.
---------------------------------------------------------------------X
Morris Fateha, being duly sworn, deposes and states as follows, under penalty of perjury:
1. I am the principal attorney of the LAW OFFICES OF MORRIS FATEHA,
attorneys of record for defendant SAMEH AMIR (the “Defendant”). I am fully familiar with the
facts and circumstances that surround this action. The basis of my familiarity is my experience
herein and review of the relevant file documents.
2. I submit this affirmation in support of the Firm’s order to show cause seeking to
withdraw as counsel for Defendant and that the Court stay this proceeding during the pendency
of this application.
3. This is a case revolving around the Plaintiff’s alleged intentional battery tort.
4. The Firm now seeks leave to withdraw as counsel due to the fact that Defendant
only paid me a small sum to file an answer and conduct some discovery on his behalf and make a
appearances at the discovery and pretrial conferences on his behalf (iii) after the completion of
all depositions and discovery in the matter, Defendant has refused any of the outstanding legal
bills for my services including Court reporters fee and decided to defend the matter on his own
because of his experience at the jury trialon the Criminal matter involving the same case that
resulted in acquittal, however after 4.5 years defendant is refusing to pay for the costs of trial
much the legal fees and threatening all kinds of actions against me if I cannot get the matter
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FILED: QUEENS COUNTY CLERK 09/14/2022 10:45 AM INDEX NO. 704694/2018
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 09/14/2022
dismissed, something that makes me wholly unable to represent him fairly and ethically. These
factors have all irreparably harmed the attorney/client relationship.
5. As such, my continued representation of Defendant will not benefit any parties to
this litigation and I will not likely be compensated for my time.
6. Further, there is a Scheduled jury trial for September 15, 2022.
7. This should be stayed until Defendant has the opportunity to obtain new counsel.
Legal Argument
8. Pursuant to Section 321(b)(2) of the New York State Civil Practice Laws and
Rules, “An attorney of record may withdraw or be changed by order of the court in which the
action is pending, upon motion on such notice to the client of the withdrawing attorney, to the
attorneys of all other parties in the action or, if a party appears without an attorney, to the party,
and to any other person, as the court may direct.”
9. The general rule in New York is that an attorney may terminate his relationship
with his client at any time for good and sufficient cause, and upon reasonable notice. See,
Williams v. Lewis, 685 N.Y.S.2d 382 (4th Dep’t 1999) citing to In re Dunn, 205 N.Y. 398, 403
(1912).
10. Further, as the court in Centrifugal Force, Inc. v. Softnet Communication,
Inc., 2009 WL 969925 (S.D.N.Y. 2009), stated:
Attorneys are not required to represent clients without remuneration, and
the failure to pay invoices over an extended period is widely recognized as
grounds for leave to withdraw.
11. In fact, withdrawal is warranted when “the firm is presently owed a substantial
sum of money.” See, id.
12. In the instant case, in light of Defendant’s failure to pay me for representation
other than filing an answer and conducting some documentary discovery makes it financially
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FILED: QUEENS COUNTY CLERK 09/14/2022 10:45 AM INDEX NO. 704694/2018
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 09/14/2022
impossible for me to represent him as I have already came out of pocket for court reporters fees
which were never paid back to me.
13. As set forth above, the Firm seeks an order from the Court granting the Firm
permission to withdraw as counsel of record for Defendant and affording Defendant a stay so that
they may be afforded the opportunity to retain new counsel.
14. Generally, the Firm seeks leave to withdraw as counsel due to the fact Defendant
paid me very meager sum to file an answer and some documentary discovery on his behalf and
Defendant now threatens all kinds of actions against me, something that makes me wholly unable
to represent him fairly.
15. Accordingly, based on the above, we respectfully request that the Court grant the
Firm’s order to show cause in its entirety.
16. No prior application for the relief requested herein has been made.
Dated: Brooklyn, New York
September 13, 2022
/S/Morris Fateha
_________________________________
Morris Fateha
911 Avenue U
Brooklyn, NY 11223
(718) 627-4600
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Document Filed Date
September 14, 2022
Case Filing Date
March 28, 2018
Category
Torts - Other Negligence (Assault)
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Preview
FILED: QUEENS COUNTY CLERK 09/14/2022 10:45 AM INDEX NO. 704694/2018 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 09/14/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ---------------------------------------------------------------------X MOHAMMED UDDIN Index No.: 704694/2018 Plaintiff, AFFIRMATION IN SUPPORT -against- SAMEH AMIR Defendants. ---------------------------------------------------------------------X Morris Fateha, being duly sworn, deposes and states as follows, under penalty of perjury: 1. I am the principal attorney of the LAW OFFICES OF MORRIS FATEHA, attorneys of record for defendant SAMEH AMIR (the “Defendant”). I am fully familiar with the facts and circumstances that surround this action. The basis of my familiarity is my experience herein and review of the relevant file documents. 2. I submit this affirmation in support of the Firm’s order to show cause seeking to withdraw as counsel for Defendant and that the Court stay this proceeding during the pendency of this application. 3. This is a case revolving around the Plaintiff’s alleged intentional battery tort. 4. The Firm now seeks leave to withdraw as counsel due to the fact that Defendant only paid me a small sum to file an answer and conduct some discovery on his behalf and make a appearances at the discovery and pretrial conferences on his behalf (iii) after the completion of all depositions and discovery in the matter, Defendant has refused any of the outstanding legal bills for my services including Court reporters fee and decided to defend the matter on his own because of his experience at the jury trialon the Criminal matter involving the same case that resulted in acquittal, however after 4.5 years defendant is refusing to pay for the costs of trial much the legal fees and threatening all kinds of actions against me if I cannot get the matter 1 1 of 3 FILED: QUEENS COUNTY CLERK 09/14/2022 10:45 AM INDEX NO. 704694/2018 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 09/14/2022 dismissed, something that makes me wholly unable to represent him fairly and ethically. These factors have all irreparably harmed the attorney/client relationship. 5. As such, my continued representation of Defendant will not benefit any parties to this litigation and I will not likely be compensated for my time. 6. Further, there is a Scheduled jury trial for September 15, 2022. 7. This should be stayed until Defendant has the opportunity to obtain new counsel. Legal Argument 8. Pursuant to Section 321(b)(2) of the New York State Civil Practice Laws and Rules, “An attorney of record may withdraw or be changed by order of the court in which the action is pending, upon motion on such notice to the client of the withdrawing attorney, to the attorneys of all other parties in the action or, if a party appears without an attorney, to the party, and to any other person, as the court may direct.” 9. The general rule in New York is that an attorney may terminate his relationship with his client at any time for good and sufficient cause, and upon reasonable notice. See, Williams v. Lewis, 685 N.Y.S.2d 382 (4th Dep’t 1999) citing to In re Dunn, 205 N.Y. 398, 403 (1912). 10. Further, as the court in Centrifugal Force, Inc. v. Softnet Communication, Inc., 2009 WL 969925 (S.D.N.Y. 2009), stated: Attorneys are not required to represent clients without remuneration, and the failure to pay invoices over an extended period is widely recognized as grounds for leave to withdraw. 11. In fact, withdrawal is warranted when “the firm is presently owed a substantial sum of money.” See, id. 12. In the instant case, in light of Defendant’s failure to pay me for representation other than filing an answer and conducting some documentary discovery makes it financially 2 2 of 3 FILED: QUEENS COUNTY CLERK 09/14/2022 10:45 AM INDEX NO. 704694/2018 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 09/14/2022 impossible for me to represent him as I have already came out of pocket for court reporters fees which were never paid back to me. 13. As set forth above, the Firm seeks an order from the Court granting the Firm permission to withdraw as counsel of record for Defendant and affording Defendant a stay so that they may be afforded the opportunity to retain new counsel. 14. Generally, the Firm seeks leave to withdraw as counsel due to the fact Defendant paid me very meager sum to file an answer and some documentary discovery on his behalf and Defendant now threatens all kinds of actions against me, something that makes me wholly unable to represent him fairly. 15. Accordingly, based on the above, we respectfully request that the Court grant the Firm’s order to show cause in its entirety. 16. No prior application for the relief requested herein has been made. Dated: Brooklyn, New York September 13, 2022 /S/Morris Fateha _________________________________ Morris Fateha 911 Avenue U Brooklyn, NY 11223 (718) 627-4600 3 3 of 3