On June 28, 2021 a
Party Statement
was filed
involving a dispute between
Lauri L Mcrae,
Robert J Mcrae,
and
Amanda L Bailey,
for Torts - Motor Vehicle
in the District Court of Oswego County.
Preview
FILED: OSWEGO COUNTY CLERK 04/26/2023 11:30 AM INDEX NO. EFC-2021-0932
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 04/26/2023
STATE OF NEW YORK
SUPREME COURT COUNTY OF OSWEGO
ROBERT J. and LAURI L. MCRAE,
Individually and as Parents and Natural
Guardians of AMBER MCRAE, an Infant
AFFIDAVIT IN SUPPORT
Plaintiffs,
-vs-
Amanda L. Bailey, Index #: EFC-2021-0932
Defendant,
STATE OF NEW YORK )
) SS:
COUNTY OF OSWEGO )
Timothy J. Fennell, being duly sworn, does depose and state as follows:
1. That I am an attorney duly authorized to practice law in the State of New York
and am a partner with the law firm of Amdursky, Pelky, Fennell & Wallen, P.C., 26 East Oneida
Street, Oswego, New York 13126.
2. I am the attorney for the Plaintiff, Robert J. McRae and Lauri L. McRae both
individually and in their capacity as the parents and natural guardians of Amber McRae, an
infant, and as such, I am fully familiar with all the pleadings and procedures heretofore had.
3. I respectfully submit this Affidavit in support of my application to be relieved as
the attorney of record for the Plaintiff pursuant to CPLR §321(b)(2).
4. I originally met with the Plaintiffs in 2018 following their motor vehicle accident.
They wanted to know their options if they wished to sue the other driver who was responsible for
the accident. I explained the risks associated with filing a suit and how representation would
work and the length of time that the suit could take. Robert and Lauri did not retain me in this
matter until June of 2021.
5. They wished to retain me jointly in the matter. I explained to them that so long as
their interests with regards to this suit remained aligned, I could represent them both.
1 of 2
FILED: OSWEGO COUNTY CLERK 04/26/2023 11:30 AM INDEX NO. EFC-2021-0932
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 04/26/2023
6. It has recently been brought to my attention that there is a severe conflict between
Robert J. McRae and Lauri L. McRae to the extent that it would be unethical and improper for
me to represent either them or the child moving forward.
WHEREFORE, I would respectfully request that this Motion be granted in all respects,
together with costs of this action, and for such other and further relief as the court may deem just
and proper.
Dated: April 20, 2023
TIMOTHY J. FENNELL, ESQ.
Sworn to before me the
20 day of April, 2023.
.
Notary Public
AMY CHADWICK
NOTARY PUBLIC, STATE OF NEW YORK
Registration No. 02CH6319990
Qualified in Oswego County,
Commission Expires February 23, (,ô
2 of 2
Document Filed Date
April 26, 2023
Case Filing Date
June 28, 2021
Category
Torts - Motor Vehicle
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: OSWEGO COUNTY CLERK 04/26/2023 11:30 AM INDEX NO. EFC-2021-0932 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 04/26/2023 STATE OF NEW YORK SUPREME COURT COUNTY OF OSWEGO ROBERT J. and LAURI L. MCRAE, Individually and as Parents and Natural Guardians of AMBER MCRAE, an Infant AFFIDAVIT IN SUPPORT Plaintiffs, -vs- Amanda L. Bailey, Index #: EFC-2021-0932 Defendant, STATE OF NEW YORK ) ) SS: COUNTY OF OSWEGO ) Timothy J. Fennell, being duly sworn, does depose and state as follows: 1. That I am an attorney duly authorized to practice law in the State of New York and am a partner with the law firm of Amdursky, Pelky, Fennell & Wallen, P.C., 26 East Oneida Street, Oswego, New York 13126. 2. I am the attorney for the Plaintiff, Robert J. McRae and Lauri L. McRae both individually and in their capacity as the parents and natural guardians of Amber McRae, an infant, and as such, I am fully familiar with all the pleadings and procedures heretofore had. 3. I respectfully submit this Affidavit in support of my application to be relieved as the attorney of record for the Plaintiff pursuant to CPLR §321(b)(2). 4. I originally met with the Plaintiffs in 2018 following their motor vehicle accident. They wanted to know their options if they wished to sue the other driver who was responsible for the accident. I explained the risks associated with filing a suit and how representation would work and the length of time that the suit could take. Robert and Lauri did not retain me in this matter until June of 2021. 5. They wished to retain me jointly in the matter. I explained to them that so long as their interests with regards to this suit remained aligned, I could represent them both. 1 of 2 FILED: OSWEGO COUNTY CLERK 04/26/2023 11:30 AM INDEX NO. EFC-2021-0932 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 04/26/2023 6. It has recently been brought to my attention that there is a severe conflict between Robert J. McRae and Lauri L. McRae to the extent that it would be unethical and improper for me to represent either them or the child moving forward. WHEREFORE, I would respectfully request that this Motion be granted in all respects, together with costs of this action, and for such other and further relief as the court may deem just and proper. Dated: April 20, 2023 TIMOTHY J. FENNELL, ESQ. Sworn to before me the 20 day of April, 2023. . Notary Public AMY CHADWICK NOTARY PUBLIC, STATE OF NEW YORK Registration No. 02CH6319990 Qualified in Oswego County, Commission Expires February 23, (,ô 2 of 2