On May 05, 2017 a
Motion-Secondary
was filed
involving a dispute between
Reynaldo Claudio,
and
Huizi Sun,
for Torts - Motor Vehicle
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 03/07/2018 01:20 PM INDEX NO. 154213/2017
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 03/07/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
------------------------------------------------------------------X
REYNALDO CLAUDIO,
AFFIRMATION IN
Plaintiff(s), SUPPORT
Index No.: 154213/2017
-against-
HUIZI SUN,
Defendant(s).
—X
------------------------------------------------------------------X
CLAY M. EVALL, ESQ., an attorney duly admitted to practice law before the Courts of
the State of New York, hereby affirms upon information and belief and under the penalties of
perjury as follows;
That I am an associate with the law firm of CLAY M. EVALL, ESQ. P.C. attorneys for
the Plaintiff(s) herein and as such I am fully familiar with the facts and circumstances of this
action based upon my personal handling, a review of the case file and the investigation materials
contained therein.
That I make this affirmation in support of the application of Clay M. Evall, Esq. P.C., for an
Order (1) relieving CLAY M. EVALL, ESQ. P.C. as the attorney for the plaintiff(s),
REYNALDO CLAUDIO; (2) directing the incoming attorneys for plaintiff(s) to reimburse
CLAY M. EVALL, ESQ. P.C. for chargeable expenditures made in connection with this
matter; (3) granting CLAY M. EVALL, ESQ. P.C. maintain an attorney lien for work, services
and labor performed and expenses in this matter; (4) staying this matter for 90 days to permit
Plaintiff to retain new counsel; (5) and for such other and further relief as may be just and proper.
That this is an action to recover damages for severe and personal injuries sustained by the
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FILED: NEW YORK COUNTY CLERK 03/07/2018 01:20 PM INDEX NO. 154213/2017
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 03/07/2018
plaintiff(s), REYNALDO CLAUDIO on May 16, 2014, as a result of the defendant's
negligence.
That plaintiff(s) commenced this action on or about May 5, 2017 by the filing of a
Summons and Complaint, copy of which annexed hereto as "ExhibitA".
That Defendant, HUIZI SUN interposed an Answer on or about August 3, 2017, copy of
which is annexed hereto as "ExhibitB".
That your affirmant's office can no longer continue representation of plaintiff(s) due to
irreconcilable differences between plaintiff(s) and your affirmant's office, that cannot be
disclosed due to attorney-client privilege. It has become impossible to continue with the
prosecution of this lawsuit on behalf of the plaintiff(s).
Without breaching attorney-client privilege, it has become impossible to provide
representation to plaintiff(s).
A substantial amount of work has been performed by your affirmant's office. To date this
office has spent $674.12 for chargeable expenses as outlined below, which it is respectfully
requested your affirmant's office be reimbursed for.
Description Date Payee Amount
Investigation, Investigators 05/20/14 Castillo, Jaime 250.00
Medical records 08/21/14 Flushing Hospital 22.57
Index # 05/03/17 County Clerk New York 210.00
Medical records 02/13/18 Ciox 18.55
Service of process 09/29/17 PM Legal 173.00
__________
Total $ 674.12
Further, it is respectfully requested Clay M. Evall, Esq. P.C. maintain a lien against the
eventual resolution of this matter for work, services and labor performed. In the event plaintiff
retains another attorney for this matter, the Law Office of Clay M. Evall, Esq. P.C. claims an
lien for work performed and a return of expenses incurred in this matter.
Itwould be in the best interest of allparties in the litigation for this Honorable Court to grant
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FILED: NEW YORK COUNTY CLERK 03/07/2018 01:20 PM INDEX NO. 154213/2017
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 03/07/2018
the application of Clay M. Evall, Esq. P.C., and issue an Order relieving your affirmant's office as
counsel for plaintiff REYNALDO CLAUDIO. No prejudice inures to the detriment of the
defendants herein.
No previous application has heretofore been made for the relief sought herein.
WHEREFORE, your affirmant respectfully requests that Plaintiff's instant application be
granted in all respects, and for such other and further relief as to this Honorable Court may seem
just and proper.
This Order to Show Cause and Affirmation in Support, and the papers on which it is
based are certified pursuant to Section 130-1.1a of the rules of the Chief Administrator
(22NYCRR).
Dated: New York, New York
March 6, 2018
3 of 3
Document Filed Date
March 07, 2018
Case Filing Date
May 05, 2017
Category
Torts - Motor Vehicle
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FILED: NEW YORK COUNTY CLERK 03/07/2018 01:20 PM INDEX NO. 154213/2017 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 03/07/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------------------X REYNALDO CLAUDIO, AFFIRMATION IN Plaintiff(s), SUPPORT Index No.: 154213/2017 -against- HUIZI SUN, Defendant(s). —X ------------------------------------------------------------------X CLAY M. EVALL, ESQ., an attorney duly admitted to practice law before the Courts of the State of New York, hereby affirms upon information and belief and under the penalties of perjury as follows; That I am an associate with the law firm of CLAY M. EVALL, ESQ. P.C. attorneys for the Plaintiff(s) herein and as such I am fully familiar with the facts and circumstances of this action based upon my personal handling, a review of the case file and the investigation materials contained therein. That I make this affirmation in support of the application of Clay M. Evall, Esq. P.C., for an Order (1) relieving CLAY M. EVALL, ESQ. P.C. as the attorney for the plaintiff(s), REYNALDO CLAUDIO; (2) directing the incoming attorneys for plaintiff(s) to reimburse CLAY M. EVALL, ESQ. P.C. for chargeable expenditures made in connection with this matter; (3) granting CLAY M. EVALL, ESQ. P.C. maintain an attorney lien for work, services and labor performed and expenses in this matter; (4) staying this matter for 90 days to permit Plaintiff to retain new counsel; (5) and for such other and further relief as may be just and proper. That this is an action to recover damages for severe and personal injuries sustained by the 1 of 3 FILED: NEW YORK COUNTY CLERK 03/07/2018 01:20 PM INDEX NO. 154213/2017 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 03/07/2018 plaintiff(s), REYNALDO CLAUDIO on May 16, 2014, as a result of the defendant's negligence. That plaintiff(s) commenced this action on or about May 5, 2017 by the filing of a Summons and Complaint, copy of which annexed hereto as "ExhibitA". That Defendant, HUIZI SUN interposed an Answer on or about August 3, 2017, copy of which is annexed hereto as "ExhibitB". That your affirmant's office can no longer continue representation of plaintiff(s) due to irreconcilable differences between plaintiff(s) and your affirmant's office, that cannot be disclosed due to attorney-client privilege. It has become impossible to continue with the prosecution of this lawsuit on behalf of the plaintiff(s). Without breaching attorney-client privilege, it has become impossible to provide representation to plaintiff(s). A substantial amount of work has been performed by your affirmant's office. To date this office has spent $674.12 for chargeable expenses as outlined below, which it is respectfully requested your affirmant's office be reimbursed for. Description Date Payee Amount Investigation, Investigators 05/20/14 Castillo, Jaime 250.00 Medical records 08/21/14 Flushing Hospital 22.57 Index # 05/03/17 County Clerk New York 210.00 Medical records 02/13/18 Ciox 18.55 Service of process 09/29/17 PM Legal 173.00 __________ Total $ 674.12 Further, it is respectfully requested Clay M. Evall, Esq. P.C. maintain a lien against the eventual resolution of this matter for work, services and labor performed. In the event plaintiff retains another attorney for this matter, the Law Office of Clay M. Evall, Esq. P.C. claims an lien for work performed and a return of expenses incurred in this matter. Itwould be in the best interest of allparties in the litigation for this Honorable Court to grant 2 of 3 FILED: NEW YORK COUNTY CLERK 03/07/2018 01:20 PM INDEX NO. 154213/2017 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 03/07/2018 the application of Clay M. Evall, Esq. P.C., and issue an Order relieving your affirmant's office as counsel for plaintiff REYNALDO CLAUDIO. No prejudice inures to the detriment of the defendants herein. No previous application has heretofore been made for the relief sought herein. WHEREFORE, your affirmant respectfully requests that Plaintiff's instant application be granted in all respects, and for such other and further relief as to this Honorable Court may seem just and proper. This Order to Show Cause and Affirmation in Support, and the papers on which it is based are certified pursuant to Section 130-1.1a of the rules of the Chief Administrator (22NYCRR). Dated: New York, New York March 6, 2018 3 of 3