On January 01, 2017 a
Order
was filed
involving a dispute between
K.Y.W. Enterprise Trust,
and
Les 106 Riv, Llc,
for Commercial - Contract
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 11/15/2022 04:47 PM INDEX NO. 653071/2017
NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 11/15/2022
SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
PRESENT: HON. SABRINA KRAUS PART 57TR
Justice
X INDEX NO. 653071/2017
K. Y.W. ENTERPRISE TRUST
MOTION DATE N /A
Plaintiff,
MOTION SEQ. NO. 004
- V-
LES 106 RIV, LLC, DECISION + ORDER ON
MOTION
Defendant.
-X
The following e-filed documents, listed by NYSCEF document number (Motion 004) 63, 64, 65, 66, 67,
68, 69, 70
ATTORNEY -
were read on this motion to/for DISQUALIFY/RELIEVE/SUBSTITUTE/WITHDRAW
Counsel for plaintiff moves to withdraw based on plaintiffs failure to communicate
with counsel and assist in the preparation of papers in opposition to a pending summary
judgment motion. Further it appears plaintiffs may not have the financial ability to continue to
litigate this action. Defendant does not oppose the motion and plaintiff has not appeared or
submitted any opposition papers.
It is well settled that an attorney may withdraw from representing a client only for good
and sufficient cause and upon reasonable notice to the client. See, Benefield v. City of New
York. 14 Misc. 3d 603. 606 fSup. Ct . Bronx Ctv 2006).
CPLR § 321(b)(2) permits an attorney of record to withdraw by Order of the Court upon
notice to the client and counsel for other parties. An attorney is permitted to withdraw
representation where a client renders it unreasonably difficult for the lawyer to carry out his or
her representation effectively. See 22 NYCRR 1200.15(c)( l )(iv). Permissive withdrawal is
further allowed where a client deliberately disregards an agreement or obligation to the lawyer.
653071/ 2017 K.Y .W. ENTERPRISE TRUST vs. LES 106 RIV , LLC Page 1 of 3
Motion No. 004
1 of 3
FILED: NEW YORK COUNTY CLERK 11/15/2022 04:47 PM INDEX NO. 653071/2017
NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 11/15/2022
See 22 NYCRR 1200.15(c)( l )(vi).; Holmes v. Y.J. A. Realty Coro.. 128 A.D.2d 482. 483 (1st
Dep't. 1987T
An attorney may also withdraw as counsel for its client upon showing that the client's
failure to respond to communications makes it unreasonably difficult to represent the client
effectively. See Bok v. Werner. 9 A.D.3d 318. 318 (1st Dep't 2004') (citing Tartaglione v.
Tiffany. 280 A.D.2d 543. 543 (2d Dep’t 2001V): Wongv. Wone. 213 A.D.2d 399. 400 (2d Dep't
Counsel has established good cause to withdraw.
WHEREFORE it is hereby :
ORDERED that the motion of LAW OFFICES OF VINCENT S WONG, to be relieved
as attorney for plaintiffs is granted without opposition upon filing of proof of compliance with
the following conditions; and it is further
ORDERED that, within 10 days from entry , said attorney shall serve a copy of this order
with notice of entry upon the former clients at their last known addresses by certified mail, return
receipt requested, and upon the attorneys for all other parties appearing herein by posting to the
New York State Courts Electronic Filing System; and it is further
ORDERED that, together with the copy of this order with notice of entry served upon
the former client, moving counsel shall forward a notice directing the former clients to appoint a
substitute attorney within 30 days from the date of the mailing of the notice and the client shall
comply therewith; and it is further
ORDERED that any new attorney retained by plaintiffs shall file a notice of appearance
with the Clerk of the General Clerk's Office (60 Centre Street, Room 119) and the Clerk of the
Part within 40 days from the date the notice to retain new counsel is mailed; and it is further
653071/ 2017 K.Y.W. ENTERPRISE TRUST vs. LES 106 RIV, LLC Page 2 of 3
Motion No. 004
2 of 3
FILED: NEW YORK COUNTY CLERK 11/15/2022 04:47 PM INDEX NO. 653071/2017
NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 11/15/2022
ORDERED that no further proceedings may be taken against the former client without
leave of this court for a period of 40 days after service on the former client of the aforesaid
notice to appoint a substitute attorney; and it is further
ORDERED that the departing attorney shall, within 10 days from entry , serve a copy of
this order with notice of entry on the Clerk of the General Clerk's Office (Room 119); and it is
further
ORDERED that such service upon the Clerk of the General Clerk's Office, the filing of a
notice of appearance as provided herein, and the filing of papers as aforesaid shall be made in
accordance with the procedures set forth in the Protocol on Courthouse and County Clerk
Procedures for Electronically Filed Cases (accessible at the “E-Filing” page on the court's
website at the address www.nvcourts.gov/supctmanh')].
This constitutes the decision and order of the court.
11/14/2022
DATE SABRINA KRAUS, J.S.C.
CHECK ONE: CASE DISPOSED X NON-FINAL DISPOSITION
X GRANTED | DENIED GRANTED IN PART OTHER
APPLICATION: SETTLE ORDER SUBMIT ORDER
CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT | REFERENCE
653071/ 2017 K.Y .W. ENTERPRISE TRUST vs. LES 106 RIV, LLC Page 3 of 3
Motion No. 004
3 of 3
Document Filed Date
November 15, 2022
Case Filing Date
January 01, 2017
Category
Commercial - Contract
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: NEW YORK COUNTY CLERK 11/15/2022 04:47 PM INDEX NO. 653071/2017 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 11/15/2022 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. SABRINA KRAUS PART 57TR Justice X INDEX NO. 653071/2017 K. Y.W. ENTERPRISE TRUST MOTION DATE N /A Plaintiff, MOTION SEQ. NO. 004 - V- LES 106 RIV, LLC, DECISION + ORDER ON MOTION Defendant. -X The following e-filed documents, listed by NYSCEF document number (Motion 004) 63, 64, 65, 66, 67, 68, 69, 70 ATTORNEY - were read on this motion to/for DISQUALIFY/RELIEVE/SUBSTITUTE/WITHDRAW Counsel for plaintiff moves to withdraw based on plaintiffs failure to communicate with counsel and assist in the preparation of papers in opposition to a pending summary judgment motion. Further it appears plaintiffs may not have the financial ability to continue to litigate this action. Defendant does not oppose the motion and plaintiff has not appeared or submitted any opposition papers. It is well settled that an attorney may withdraw from representing a client only for good and sufficient cause and upon reasonable notice to the client. See, Benefield v. City of New York. 14 Misc. 3d 603. 606 fSup. Ct . Bronx Ctv 2006). CPLR § 321(b)(2) permits an attorney of record to withdraw by Order of the Court upon notice to the client and counsel for other parties. An attorney is permitted to withdraw representation where a client renders it unreasonably difficult for the lawyer to carry out his or her representation effectively. See 22 NYCRR 1200.15(c)( l )(iv). Permissive withdrawal is further allowed where a client deliberately disregards an agreement or obligation to the lawyer. 653071/ 2017 K.Y .W. ENTERPRISE TRUST vs. LES 106 RIV , LLC Page 1 of 3 Motion No. 004 1 of 3 FILED: NEW YORK COUNTY CLERK 11/15/2022 04:47 PM INDEX NO. 653071/2017 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 11/15/2022 See 22 NYCRR 1200.15(c)( l )(vi).; Holmes v. Y.J. A. Realty Coro.. 128 A.D.2d 482. 483 (1st Dep't. 1987T An attorney may also withdraw as counsel for its client upon showing that the client's failure to respond to communications makes it unreasonably difficult to represent the client effectively. See Bok v. Werner. 9 A.D.3d 318. 318 (1st Dep't 2004') (citing Tartaglione v. Tiffany. 280 A.D.2d 543. 543 (2d Dep’t 2001V): Wongv. Wone. 213 A.D.2d 399. 400 (2d Dep't Counsel has established good cause to withdraw. WHEREFORE it is hereby : ORDERED that the motion of LAW OFFICES OF VINCENT S WONG, to be relieved as attorney for plaintiffs is granted without opposition upon filing of proof of compliance with the following conditions; and it is further ORDERED that, within 10 days from entry , said attorney shall serve a copy of this order with notice of entry upon the former clients at their last known addresses by certified mail, return receipt requested, and upon the attorneys for all other parties appearing herein by posting to the New York State Courts Electronic Filing System; and it is further ORDERED that, together with the copy of this order with notice of entry served upon the former client, moving counsel shall forward a notice directing the former clients to appoint a substitute attorney within 30 days from the date of the mailing of the notice and the client shall comply therewith; and it is further ORDERED that any new attorney retained by plaintiffs shall file a notice of appearance with the Clerk of the General Clerk's Office (60 Centre Street, Room 119) and the Clerk of the Part within 40 days from the date the notice to retain new counsel is mailed; and it is further 653071/ 2017 K.Y.W. ENTERPRISE TRUST vs. LES 106 RIV, LLC Page 2 of 3 Motion No. 004 2 of 3 FILED: NEW YORK COUNTY CLERK 11/15/2022 04:47 PM INDEX NO. 653071/2017 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 11/15/2022 ORDERED that no further proceedings may be taken against the former client without leave of this court for a period of 40 days after service on the former client of the aforesaid notice to appoint a substitute attorney; and it is further ORDERED that the departing attorney shall, within 10 days from entry , serve a copy of this order with notice of entry on the Clerk of the General Clerk's Office (Room 119); and it is further ORDERED that such service upon the Clerk of the General Clerk's Office, the filing of a notice of appearance as provided herein, and the filing of papers as aforesaid shall be made in accordance with the procedures set forth in the Protocol on Courthouse and County Clerk Procedures for Electronically Filed Cases (accessible at the “E-Filing” page on the court's website at the address www.nvcourts.gov/supctmanh')]. This constitutes the decision and order of the court. 11/14/2022 DATE SABRINA KRAUS, J.S.C. CHECK ONE: CASE DISPOSED X NON-FINAL DISPOSITION X GRANTED | DENIED GRANTED IN PART OTHER APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT | REFERENCE 653071/ 2017 K.Y .W. ENTERPRISE TRUST vs. LES 106 RIV, LLC Page 3 of 3 Motion No. 004 3 of 3