Party Statement: Yatsenick, Rick et al vs. Old Wharf Village LLC et al

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                                COMMONWEALTH OF MASSACHUSETTS

      BARNSTABLE, ss.                                       SUPERIOR COURT DEPARTMENT
                                                            CIVIL ACTION NO. 1372CV00125


      RICK YATSENICK and JOAL
      YATSENICK
              Plaintiffs,

      Vv.


      OLD WHARF VILLAGE, LLC,
      CHARLES EDGAR, DAVID DILLON
      D/B/A DILLON REAL ESTATE, and
      STACEY CURLEY,
Lo            Defendants.


                                  AFFIDAVIT OF DOUGLAS A. TROYER

              I, Douglas A. Troyer, being duly sworn, depose and say as follows:

              1        lam an attorney duly licensed to practice law in the Commonwealth of

      Massachusetts and State of Maine and am a Principal with Moriarty Troyer & Malloy LLC

      (“MTM”), with an office located at 30 Braintree Hill Office Park, Suite 205, Braintree,

      Massachusetts.
Lo
 we
              2        MIM is co-counsel for the Plaintiffs, Rick Yatsenick and Joal Yatsenick

      (“Plaintiffs”), in the above-referenced matter. The Plaintiffs are also represented by Brian K.
                                                                                                 1
      Galletta, Esq.

              3        There has been a substantial and irretrievable breakdown in communications

      between MTM, on the one hand, and the Plaintiffs and Attorney Galletta, on the other. Such
a




    breakdown in communications, and in the attorney-client relationship, constitutes good cause for

    withdrawal.!
           4       If permitted to withdraw as counsel in this matter, MTM will assist the Plaintiff

    upon withdrawal, including undertaking those measures as set forth under Rule 1.16(d)-(e) of the

    Massachusetts Rules of Professional Conduct, or as may be further ordered by the Court.

           5       On the date set forth below, I have provided a copy of the Motion to Withdraw

    Appearance and this Affidavit to the Plaintiffs, Attorney Galletta and all counsel of record.



          SIGNED UNDER THE PAINS AND P.                     TIES OF PERJURY THIS 187 DAY OF
    MAY, 2018.
                                                                    ao


                                                   Douglas A. Troyer




            ' Tn the interest of preserving client confidences, MTM declines to state in greater detail
    the bases for its withdrawal. However, in accordance with Ethics Opinion No. 96-3 of the
    Massachusetts Bar Association, MTM        is prepared to provide additional information as may be
    ordered by the Court through in camera proceedings as the Court may require.
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CERTIFICATION OF SERVICE

        Thereby certify that on May 1, 2018, I served a true and correct copy of this document
upon all counsel of record via first-class mail.




                                      Douglas A. Troyer