Preview
FILED: NASSAU COUNTY CLERK 04/15/2024 02:48 PM INDEX NO. 612930/2021
NYSCEF DOC. NO. 107 RECEIVED NYSCEF: 04/15/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
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ALTAGRACIA B. PIERRE-OUTERBRIDGE, as
administrator of the Estate of LINDRICK ARTHUR
OUTERBRIDGE (a.k.a LINDRICK OUTERBRIDGE), Index No.: 612930/2021
deceased,
AFFIRMATION OF
Plaintiff, RACHEL M. LUST
vs.
CAMNINE OUTERBRIDGE, RUBEN
OUTERBRIDGE, REESE OUTERBRIDGE, JENNIE
DAVENPORT (a.k.a. JENNIE OUTERBRIDGE),
KEITH OUTERBRIDGE, ELIJAH DAVENPORT,
“John Doe” and “Jane Doe,”
Defendants.
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Rachel M. Lust, an attorney duly admitted to practice law before the courts of the State of
New York, affirms, pursuant to Rule 2106 CPLR, under penalties of perjury under the laws of New
York, which may include a fine or imprisonment, that the following facts are true, and I understand
that this document may be filed in an action or proceeding in a court of law:
1. I am an associate at Dorf Nelson & Zauderer LL//P (“DNZ”), attorneys for Defendant
JENNIE DAVENPORT a/k/a JENNIE OUTERBRIDGE (“Defendant”) herein, and as such
I am familiar with the facts and circumstances and prior pleadings and proceedings
heretofore had herein.
2. I submit this Affirmation in support of Defendant’s motion to withdraw as counsel and to
stay this action pending the determination of this application and for a period of ninety (90)
days thereafter for Defendant to obtain alternative counsel.
3. Initially, I remind the Court that this Court does not have jurisdiction over Defendant as
Defendant, a resident of the State of California with no ties to New York, has a pending
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motion in this Court to dismiss Plaintiff’s complaint for lack of personal jurisdiction over
Defendant pursuant to CPLR § 3211(a)(8).
4. A true and correct copy of the Settlement Agreement between Altagracia B. Pierre-
Outerbridge, as administrator of the Estate of Lindrick Arthur Outerbridge and as Guardian
of the Property of the Property of Andrick A. Outerbridge, Jennie Davenport a/k/a Jennie
Outerbridge executed on or about September 1, 2022 is annexed hereto as Exhibit A.
5. Plaintiff Altagracia B. Pierre-Outerbridge, as administrator of the Estate of Lindrick Arthur
Outerbridge a/k/a Lindrick Outerbridge (“Plaintiff”) has refused on countless occasions to
discontinue the above referenced action in direct contravention of the Settlement
Agreement.
6. Specifically, with regard to this action, the Settlement Agreement states:
16. Dismissal of All Actions Against Davenport and all Davenport Released
Parties: Outerbridge swears and affirms under penalty of perjury that she is not
presently aware of any other actions brought by her or anyone within her control
except for those listed below. Based on this material representation, Outerbridge
and Davenport enter into the herein Agreement. The actions commenced by
Outerbridge, APO Administrator and/or APO Guardian shall be discontinued as
follows:
c. The Ejectment Action: The Ejectment Action shall be discontinued with
prejudice and all motions shall be withdrawn upon the filing of a Stipulation
of Discontinuance. Stipulation shall simply say that matter is discontinued.
(emphasis supplied)
7. Because of Plaintiff’s unreasonable refusal to discontinue the action, in direct contradiction
to the Settlement Agreement, DNZ has continued to represent Defendant and has attempted
to appease Plaintiff in her attempts to obtain approval from the Surrogates Court, which
approval was never contemplated in the Settlement Agreement.
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8. Specifically, Defendant has prepared stipulation of discontinuances for Plaintiff to sign and
made countless calls to try and persuade Plaintiff to execute the stipulation to discontinue
this action.
9. However, as a result of the Surrogates Court order, DNZ has determined that enough is
enough.
10. We have once again attempted to get Plaintiff to sign a stipulation of discontinuance;
however, again, she has refused. It is curious because, not only is it mandated int eh
Settlement Agreement but Plaintiff will not be able to continue her efforts without
cooperation from Defendant who will be unrepresented and not be subject to the
jurisdiction New York Courts. One would think that Plaintiff would have been more
cooperative.
11. DNZ has been working without payment free since January, 2022.
12. To date, the last payment that DNZ has received as counsel was on January 12, 2022.
Additionally, DNZ has incurred a large balance of $9,993.59 due to Plaintiff’s refusal to
discontinue these two supreme court actions.
13. Our decision to be relieved as attorneys is consistent with all ethical considerations,
pursuant to which all attorneys must comport themselves.
14. No prior application has been made to this or any other court for the relief requested herein;
however, similar order to show cause are being filed simultaneously in the matter of
Altagracia B. Pierre-Outerbridge, as administrator of the Estate of Lindrick Arthur
Outerbridge a/l/a Lindrick Outerbridge v. Jennie Davenport a/k/a Jennie Outerbridge, et
al., Supreme Court, Nassau County Index Number 612957/2021 and the matter of In the
Matter of the Petition of Altagracia B. Pierre-Outerbridge, in her Individual Capacity, as
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NYSCEF DOC. NO. 107 RECEIVED NYSCEF: 04/15/2024
Guardian of the Property of Andrick A. Outerbridge, and as the Administrator of the Estate
of Lindrick Outerbridge, Surrogates Cour, Nassau County Index Numbers 2021-2490/A
and 2021-2490/D.
WHEREFORE, Defendant respectfully prays for an Order granting its motion to be
relieved as counsel and to dismiss this action against Defendant in its entirety and for such other
and further relief as this court deems just and necessary.
Dated: Rye, New York
April 15, 2024
_________________________
Rachel M. Lust, Esq.
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Preview
FILED: NASSAU COUNTY CLERK 04/15/2024 02:48 PM INDEX NO. 612930/2021 NYSCEF DOC. NO. 107 RECEIVED NYSCEF: 04/15/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ------------------------------------------------------------------------ ALTAGRACIA B. PIERRE-OUTERBRIDGE, as administrator of the Estate of LINDRICK ARTHUR OUTERBRIDGE (a.k.a LINDRICK OUTERBRIDGE), Index No.: 612930/2021 deceased, AFFIRMATION OF Plaintiff, RACHEL M. LUST vs. CAMNINE OUTERBRIDGE, RUBEN OUTERBRIDGE, REESE OUTERBRIDGE, JENNIE DAVENPORT (a.k.a. JENNIE OUTERBRIDGE), KEITH OUTERBRIDGE, ELIJAH DAVENPORT, “John Doe” and “Jane Doe,” Defendants. ------------------------------------------------------------------------ Rachel M. Lust, an attorney duly admitted to practice law before the courts of the State of New York, affirms, pursuant to Rule 2106 CPLR, under penalties of perjury under the laws of New York, which may include a fine or imprisonment, that the following facts are true, and I understand that this document may be filed in an action or proceeding in a court of law: 1. I am an associate at Dorf Nelson & Zauderer LL//P (“DNZ”), attorneys for Defendant JENNIE DAVENPORT a/k/a JENNIE OUTERBRIDGE (“Defendant”) herein, and as such I am familiar with the facts and circumstances and prior pleadings and proceedings heretofore had herein. 2. I submit this Affirmation in support of Defendant’s motion to withdraw as counsel and to stay this action pending the determination of this application and for a period of ninety (90) days thereafter for Defendant to obtain alternative counsel. 3. Initially, I remind the Court that this Court does not have jurisdiction over Defendant as Defendant, a resident of the State of California with no ties to New York, has a pending 1 of 4 FILED: NASSAU COUNTY CLERK 04/15/2024 02:48 PM INDEX NO. 612930/2021 NYSCEF DOC. NO. 107 RECEIVED NYSCEF: 04/15/2024 motion in this Court to dismiss Plaintiff’s complaint for lack of personal jurisdiction over Defendant pursuant to CPLR § 3211(a)(8). 4. A true and correct copy of the Settlement Agreement between Altagracia B. Pierre- Outerbridge, as administrator of the Estate of Lindrick Arthur Outerbridge and as Guardian of the Property of the Property of Andrick A. Outerbridge, Jennie Davenport a/k/a Jennie Outerbridge executed on or about September 1, 2022 is annexed hereto as Exhibit A. 5. Plaintiff Altagracia B. Pierre-Outerbridge, as administrator of the Estate of Lindrick Arthur Outerbridge a/k/a Lindrick Outerbridge (“Plaintiff”) has refused on countless occasions to discontinue the above referenced action in direct contravention of the Settlement Agreement. 6. Specifically, with regard to this action, the Settlement Agreement states: 16. Dismissal of All Actions Against Davenport and all Davenport Released Parties: Outerbridge swears and affirms under penalty of perjury that she is not presently aware of any other actions brought by her or anyone within her control except for those listed below. Based on this material representation, Outerbridge and Davenport enter into the herein Agreement. The actions commenced by Outerbridge, APO Administrator and/or APO Guardian shall be discontinued as follows: c. The Ejectment Action: The Ejectment Action shall be discontinued with prejudice and all motions shall be withdrawn upon the filing of a Stipulation of Discontinuance. Stipulation shall simply say that matter is discontinued. (emphasis supplied) 7. Because of Plaintiff’s unreasonable refusal to discontinue the action, in direct contradiction to the Settlement Agreement, DNZ has continued to represent Defendant and has attempted to appease Plaintiff in her attempts to obtain approval from the Surrogates Court, which approval was never contemplated in the Settlement Agreement. 2 2 of 4 FILED: NASSAU COUNTY CLERK 04/15/2024 02:48 PM INDEX NO. 612930/2021 NYSCEF DOC. NO. 107 RECEIVED NYSCEF: 04/15/2024 8. Specifically, Defendant has prepared stipulation of discontinuances for Plaintiff to sign and made countless calls to try and persuade Plaintiff to execute the stipulation to discontinue this action. 9. However, as a result of the Surrogates Court order, DNZ has determined that enough is enough. 10. We have once again attempted to get Plaintiff to sign a stipulation of discontinuance; however, again, she has refused. It is curious because, not only is it mandated int eh Settlement Agreement but Plaintiff will not be able to continue her efforts without cooperation from Defendant who will be unrepresented and not be subject to the jurisdiction New York Courts. One would think that Plaintiff would have been more cooperative. 11. DNZ has been working without payment free since January, 2022. 12. To date, the last payment that DNZ has received as counsel was on January 12, 2022. Additionally, DNZ has incurred a large balance of $9,993.59 due to Plaintiff’s refusal to discontinue these two supreme court actions. 13. Our decision to be relieved as attorneys is consistent with all ethical considerations, pursuant to which all attorneys must comport themselves. 14. No prior application has been made to this or any other court for the relief requested herein; however, similar order to show cause are being filed simultaneously in the matter of Altagracia B. Pierre-Outerbridge, as administrator of the Estate of Lindrick Arthur Outerbridge a/l/a Lindrick Outerbridge v. Jennie Davenport a/k/a Jennie Outerbridge, et al., Supreme Court, Nassau County Index Number 612957/2021 and the matter of In the Matter of the Petition of Altagracia B. Pierre-Outerbridge, in her Individual Capacity, as 3 3 of 4 FILED: NASSAU COUNTY CLERK 04/15/2024 02:48 PM INDEX NO. 612930/2021 NYSCEF DOC. NO. 107 RECEIVED NYSCEF: 04/15/2024 Guardian of the Property of Andrick A. Outerbridge, and as the Administrator of the Estate of Lindrick Outerbridge, Surrogates Cour, Nassau County Index Numbers 2021-2490/A and 2021-2490/D. WHEREFORE, Defendant respectfully prays for an Order granting its motion to be relieved as counsel and to dismiss this action against Defendant in its entirety and for such other and further relief as this court deems just and necessary. Dated: Rye, New York April 15, 2024 _________________________ Rachel M. Lust, Esq. 4 4 of 4