Reveam, Inc. v. Taylor Freres Capital Mkts., LLC

2025 NY Slip Op 31363(U)

• Court: New York Supreme Court, New York County
• Decided: April 17, 2025
• Docket: Index No. 655074/2021
• Status: Unpublished

Opinion

Reveam, Inc. v Taylor Freres Capital Mkts., LLC 2025 NY Slip Op 31363(U) April 17, 2025 Supreme Court, New York County Docket Number: Index No. 655074/2021 Judge: Joel M. Cohen 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. INDEX NO. 655074/2021 NYSCEF DOC. NO. 256 RECEIVED NYSCEF: 04/17/2025

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: COMMERCIAL DIVISION PART 03M -----------------------------------------------------------------------------------X REVEAM, INC., REVEAM, INC., OCCATOR INDEX NO. 655074/2021 AGRICULTURAL PROPERTIES, LLC,

Plaintiffs, MOTION DATE 03/26/2025

-v- MOTION SEQ. NO. 011 TAYLOR FRERES CAPITAL MARKETS, LLC, ZACHARY TAYLOR, H. MARTIN RICE, DECISION + ORDER ON MOTION Defendants.

-----------------------------------------------------------------------------------X

HON. JOEL M. COHEN:

The following e-filed documents, listed by NYSCEF document number (Motion 011) 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 253 were read on this motion for ATTORNEY WITHDRAWAL .

Al Myers Law, LLC and Glancy Prongay & Murray LLP (“Movants”) seek to withdraw

as counsel for defendants/counterclaim-plaintiff Taylor Frères Capital Markets, LLC (“Taylor

Frères”) and Zachary Taylor (collectively, “Defendants”). Movants seek to withdraw their

representation due to a breakdown in the attorney client relationship including the failure to

advance necessary expenses and to meet current fee commitments, and lack of communication

and disagreement on overall case strategy (see NYSCEF 239 [“Myer Affirm”] ¶¶3-7). An

attorney may withdraw as counsel upon a showing of good and sufficient cause and reasonable

notice (CPLR 321:2). In Reply, the Movants submit that Mr. Taylor consents to their withdrawal

(NYSCEF 253 at 2).

Plaintiffs oppose this motion on the grounds that this is one of several withdrawal

motions filed by counsel for Defendants throughout this action, and it is purportedly a part of a

strategy to stall this case from moving forward. Plaintiffs request that the Court (i) impose

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sanctions on Defendants, allowing Reveam to recover at least part of the wasted attorneys’ fees

and time resulting from Defendants’ tactics; (ii) inquire as to Defendants’ capacity and resources

to pay any successor counsel and necessary expenses to continue litigation, particularly where

prior counsel (Kasowitz) holds a $1.06+ million default judgment against Taylor Frères for

unpaid attorneys’ fees/expenses that remains unsatisfied; (iii) establish clear requirements for

Defendants’ retention of any successor counsel and outline the case-terminating consequences

(a) for failure to comply with any Order(s) the Court enters or (b) for Defendant Taylor Frères, if

it fails to retain counsel within the deadline the Court sets; and (iv) require Defendants to sit for

their depositions that have been properly noticed multiple times, and at which they have never

appeared (with corresponding adjustments to the timing for Reveam to serve expert disclosures).

Movants have established legitimate grounds for withdrawal, and the Court will not

condition that relief – which is generally a matter between counsel and client – on the various

financial conditions proposed by Reveam. However, given the unusual circumstances presented,

the Court will delay the effectiveness of counsel’s withdrawal until the promised depositions of

Defendants and Lance Orchid have been taken.1 The Court previously directed Defendants to

“promptly” provide deposition dates for Defendants and Lance Orchid and “promptly” sit for

depositions (NYSCEF 251). Defendants filed a letter outlining dates they are available for

depositions (NYSCEF 245). Therefore, these depositions must be completed before withdrawal

is granted (cf. Haymes v Haymes, 667 NYS2d 904 [1st Dept 1998] [“The motion court

1 The Court has received Mr. Myers’ letter dated April 17, 2025 (NYSCEF 255) advising the Court of a dispute regarding the depositions of Reveam witnesses. To the extent Reveam is claiming it does not need to produce its witnesses and is refusing to provide dates, Reveam is directed to promptly provide dates for the depositions of Messrs. Goodreds, Falconer, Rice, Steinbaugh, and Sutherlin, and produce these witnesses for depositions.

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appropriately exercised its discretion in directing appellant to represent plaintiff only for the

remainder of the fee proceeding . . . plaintiff would have been greatly prejudiced if the

withdrawal motion were granted in its entirety since lengthy proceedings on the fee matter had

already been conducted at the time the motion was made.”]; George v George, 217 AD2d 913

[4th Dept 1995] [“discovery has been completed and a note of issue has been filed. To permit the

withdrawal of the attorneys for defendant at this late date would further delay the resolution of

this action and would not promote judicial economy.”] [citation omitted]).

Accordingly, it is therefore:

ORDERED that the motion to be relieved as counsel for Defendants is GRANTED

conditioned on the completion of the depositions of Taylor Frères, Mr. Taylor, and Lance

Orchid as provided herein; it is further

ORDERED that the Movants are to comply with their obligations under Rule 1.16(d) of

the Rules of Professional Conduct, as applicable to the facts presented, to “take steps, to the

extent reasonably practicable, to avoid foreseeable prejudice to the rights of the clients, including

giving reasonable notice to the clients, allowing time for employment of other counsel,

delivering to the clients all papers and property to which the clients are entitled, promptly

refunding any part of a fee paid in advance that has not been earned and complying with

applicable laws and rules;” it is further

ORDERED that the Movants shall promptly serve a copy of this order upon Defendants

by email, and, if practicable, by hard copy at their last known home and business addresses,

respectively, by certified mail, return receipt requested; it is further

ORDERED that in order to avoid default, within thirty (30) days from the date the

above-referenced depositions are completed Defendant Taylor Frères shall appoint substitute

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counsel, and Mr. Taylor shall appoint substitute counsel or advise the Court of his intention to

proceed pro se; and it is further

ORDERED that following the completion of the above-referenced depositions, no

further proceedings may be taken against Defendants without leave of this court until thirty days

from the date of notice.

This constitutes the decision and order of the Court.

4/17/2025 DATE JOEL M. COHEN, J.S.C. CHECK ONE: CASE DISPOSED X NON-FINAL DISPOSITION

□ X GRANTED DENIED GRANTED IN PART OTHER

APPLICATION: SETTLE ORDER SUBMIT ORDER

□ CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE

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