On December 15, 2020 a
Motion-Secondary
was filed
involving a dispute between
Azfal Bacchus,
and
676 East 179 Llc,
Dna Management Group Llc,
for Torts - Other (labor law)
in the District Court of Bronx County.
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FILED: BRONX COUNTY CLERK 03/10/2022 11:35 AM INDEX NO. 35204/2020E
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 03/10/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
------------------------------------------------------------X
AZFAL BACCHUS, Index No.: 35204/2020E
Plaintiff,
AFFIRMATION IN SUPPORT
-against-
676 EAST 179 LLC and DNA MANAGEMENT
GROUP LLC,
Defendants.
------------------------------------------------------------X
MUHAMMAD IKHLAS, an attorney duly admitted to practice in the State of New
York, affirms under the penalties of perjury as follows, pursuant to CPLR 2106:
1. I am affiliated with the law firm Davis, Ndanusa, Ikhlas & Saleem LLP, attorneys
of record for the defendants herein. I submit this order to show cause requesting that I be
relieved as counsel for defendants, and that defendants be directed to obtain new counsel.
2. The reason for this request to be relieved is that the defendants have not adhered
to the payment terms of the retainer agreement and have not remitted timely payment.
3. In addition, communication with defendants has been accomplished only with
great difficulty, rendering the undersigned unable to effectively represent defendants in this
action which involves claims of violation of the New York State Labor Law, allegedly resulting
in plaintiff’s physical injury.
4. This action was filed on or about December 15, 2020. To date, the parties have
exchanged paper discovery and depositions were set to begin with the March 10, 2022 deposition
of plaintiff in this action.
5. The undersigned possesses medical records from plaintiff’s treatment and will
fully cooperate with any incoming counsel.
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FILED: BRONX COUNTY CLERK 03/10/2022 11:35 AM INDEX NO. 35204/2020E
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 03/10/2022
6. I therefore respectfully request that the Court sign the accompanying order to
show cause and that it grant this motion to be relieved on the return date. I further request an
interim stay of the proceedings herein.
7. On March 9, 2022, at 11:23 a.m., the undersigned provided plaintiff’s counsel
with notice, via email (see Exhibit A) that this application would be made at 11:30 a.m., March
10, 2022 and that a sixty (60) day stay of the action would be sought.
8. No previous application has been made for the relief sought herein.
Dated: Brooklyn, New York
March 9, 2022
DAVIS, NDANUSA, IKHLAS & SALEEM, LLP
By: Muhammad Ikhlas, Esq.
Attorneys for Defendant –
676 East 179 LLC
DNA Management Group LLC
26 Court Street, Suite 603
Brooklyn, NY 11242
Tel.: (646) 205-3218
Email: mikhlas@dnislaw.com
2 of 2
Document Filed Date
March 10, 2022
Case Filing Date
December 15, 2020
Category
Torts - Other (labor law)
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FILED: BRONX COUNTY CLERK 03/10/2022 11:35 AM INDEX NO. 35204/2020E NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 03/10/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ------------------------------------------------------------X AZFAL BACCHUS, Index No.: 35204/2020E Plaintiff, AFFIRMATION IN SUPPORT -against- 676 EAST 179 LLC and DNA MANAGEMENT GROUP LLC, Defendants. ------------------------------------------------------------X MUHAMMAD IKHLAS, an attorney duly admitted to practice in the State of New York, affirms under the penalties of perjury as follows, pursuant to CPLR 2106: 1. I am affiliated with the law firm Davis, Ndanusa, Ikhlas & Saleem LLP, attorneys of record for the defendants herein. I submit this order to show cause requesting that I be relieved as counsel for defendants, and that defendants be directed to obtain new counsel. 2. The reason for this request to be relieved is that the defendants have not adhered to the payment terms of the retainer agreement and have not remitted timely payment. 3. In addition, communication with defendants has been accomplished only with great difficulty, rendering the undersigned unable to effectively represent defendants in this action which involves claims of violation of the New York State Labor Law, allegedly resulting in plaintiff’s physical injury. 4. This action was filed on or about December 15, 2020. To date, the parties have exchanged paper discovery and depositions were set to begin with the March 10, 2022 deposition of plaintiff in this action. 5. The undersigned possesses medical records from plaintiff’s treatment and will fully cooperate with any incoming counsel. 1 of 2 FILED: BRONX COUNTY CLERK 03/10/2022 11:35 AM INDEX NO. 35204/2020E NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 03/10/2022 6. I therefore respectfully request that the Court sign the accompanying order to show cause and that it grant this motion to be relieved on the return date. I further request an interim stay of the proceedings herein. 7. On March 9, 2022, at 11:23 a.m., the undersigned provided plaintiff’s counsel with notice, via email (see Exhibit A) that this application would be made at 11:30 a.m., March 10, 2022 and that a sixty (60) day stay of the action would be sought. 8. No previous application has been made for the relief sought herein. Dated: Brooklyn, New York March 9, 2022 DAVIS, NDANUSA, IKHLAS & SALEEM, LLP By: Muhammad Ikhlas, Esq. Attorneys for Defendant – 676 East 179 LLC DNA Management Group LLC 26 Court Street, Suite 603 Brooklyn, NY 11242 Tel.: (646) 205-3218 Email: mikhlas@dnislaw.com 2 of 2