Doulos v. Vader Servicing, LLC

2025 NY Slip Op 30164(U)

• Court: New York Supreme Court, New York County
• Decided: January 10, 2025
• Docket: Index No. 653810/2023
• Status: Unpublished

Opinion

Doulos v Vader Servicing, LLC 2025 NY Slip Op 30164(U) January 10, 2025 Supreme Court, New York County Docket Number: Index No. 653810/2023 Judge: Emily Morales-Minerva Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. FILED: NEW YORK COUNTY CLERK 01/13/2025 12:06 PM INDEX NO. 653810/2023 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 01/13/2025

SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. EMILY MORALES-MINERVA PART 42M Justice -------------------X INDEX NO. 653810/2023 ERi DOULOS, MOTION DATE 11/07/2024 Plaintiff, MOTION SEQ. NO. 003 -v- VADER SERVICING, LLC D/8/A, VADER MOUNTAIN DECISION + ORDER ON CAPITAL, MOTION Defendant. -------------------X

The following e-filed documents, listed by NYSCEF document number (Motion 003) 26, 27, 28, 33, 34 ATTORNEY- were read on this motion to/for DISQUALIFY/RELIEVE/SUBSTITUTE/WITHDRAW .

APPEARANCES:

Law Office of Victor M. Feraru, Brooklyn, NY (Victor Michael Feraru, Esq., of counsel), for plaintiff.

Berkovitch & Bouskila, PLLC, Pomona, NY (Ariel Bouskila, Esq., of counsel), for defendant VADER SERVICING, LLC d/b/a VADER MOUNTAIN CAPITAL.

HON. EMILY MORALES-MINERVA, J.S.C.:

In this breach of contract action, non-party movant Victor

M. Feraru, Esq. counsel for plaintiff ERI DOULOS (client) --

moves, by order to show cause (mot. seq. no. 003), for an order

permitting his law office to withdraw from such representation

and for an order staying this action for 60 days thereafter.

The record on this application includes proof of service on

plaintiff (see NY St Cts Elec Filing [NYSCEF] Doc. No. 32,

affidavit of service, dated November 22, 2024).

653810/2023 DOULOS, ERi vs. VADER SERVICING, LLC D/B/A, VADER MOUNTAIN CAPITAL, Page 1 of4 Motion No. 003

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Client submits an unsworn "Affidavit in Opposition" to the

application (NYSCEF Doc. No. 29, Client's Unsworn Affidavit in

Opposition), and defendants VADER SERVICING, LLC D/B/A, VADER

MOUNTAIN CAPITAL, while appearing, take no position.

This motion was returnable to Part 42M, at 2:30PM, on

January 09, 2025. At the call of the calendar, a.11 parties

appeared.

Client stated his opposition on record. It essentially

consists of complaints against counsel's handling of this case.

Further, client appears to demand -- not that counsel be forced

to remain on the case -- but that counsel return any monies

client paid him and that counsel pay the fees for replacement

counsel.

Following arguments on the record, the court marked the

motion submitted. Now, for the reasons below, the court grants

the application entirely.

An attorney of record may withdraw if he becomes disabled

(see CPLR § 321 [c]). An attorney may also withdraw from

representation upon a showing of good and sufficient cause, and

reasonable notice (see CPLR § 321 [b] [2]; see also Bok v Werner,

9 AD3d 318 [1st Dept 2004]). "Good cause exists to end the

relationship with the client [] by showing an irretrievable

breakdown in the relationship or a failure of cooperation by the

client" (Matter of cassini, 182 AD3d 13, 40 [2d Dept 2020]).

653810/2023 DOULOS, ERi vs. VADER SERVICING, LLC D/8/A, VADER MOUNTAIN CAPITAL, Page2of4 Motion No. 003

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The question of whether good cause exists lies within the sound

discretion of the court (see Rivadeneria v New York City Health

& Hosps. Corp., 306 AD2d 394 [2d Dept 2003]).

Here, counsel -- who runs a single-person law office -- has

made a sufficient showing of good cause for withdrawal based

upon "acute health-related issues," requiring his extended

medical leave (see NYSCEF Doc. No. 27, Affirmation of Victor M.

Feraru, Esq.). Further, though client opposed the application

on record, client presents no authority or basis for this court

to question the veracity of counsel's affirmation as to his

private health crisis or to prevent counsel from withdrawing~

In any event, client forcefully expresses dissatisfaction

with counsel's representation, a topic upon which they expressly

and keenly disagree. The contentious nature of their

communication is obvious from a firsthand perspective,

warranting a finding that the attorney-client relationship

between them is irretrievably broken.

Finally, counsel has provided client with reasonable

notice. The application comes at a time when no motions or

future appearances are otherwise scheduled before the court.

Accordingly, it is

ORDERED that movant LAW OFFICE OF VICTOR M. FERARU's motion

(seq. no. 003), by order to show cause, is granted entirely; it

is further

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ORDERED that LAW OFFICE OF VICTOR M. FERARU is permitted to

withdraw and VICTOR M. FERARU, ESQ. is relieved as of counsel

for plaintiff ERI DOULOS; it is further

ORDERED that this action is stayed for a period of 60 days

from the date of entry of this order to allow plaintiff ERI

DOULOS sufficient time to retain new counsel, and that plaintiff

ERI DOULOS shall notify this court, in writing, on or before the

end of the 60-day period as to incoming counsel's name and

address; and it is further

ORDERED that movant THE LAW OFFICE OF VICTOR M. FERARU

shall serve a copy of this order with notice of entry upon

plaintiff ERI DOULOS and all other parties within 10 days of

entry.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

1/10/2025 DATE CHECK ONE: CASE DISPOSED NON-FINAL DISPOSITION

GRANTED □ DENIED GRANTED IN PART □ OTHER APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT □ REFERENCE

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