Stuart v. Star Jets Intl., Inc.

2024 NY Slip Op 31868(U)

• Court: New York Supreme Court, New York County
• Decided: May 22, 2024
• Status: Unpublished

Opinion

Stuart v Star Jets Intl., Inc. 2024 NY Slip Op 31868(U) May 22, 2024 Supreme Court, New York County Docket Number: Index No. 656737/2019 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. INDEX NO. 656737/2019 NYSCEF DOC. NO. 200 RECEIVED NYSCEF: 05/23/2024

SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. EMILY MORALES-MINERVA PART 42M Justice ---------------'-------X INDEX NO. 656737/2019 BRETT STUART, MOTION DATE 04/19/2024 Plaintiff, MOTION SEQ. NO. 009 -v- STAR JETS INTERNATIONAL, INC.,RICKY SITOMER, DECISION + ORDER ON MOTION Defendant.

-------------------X STAR JETS INTERNATIONAL, INC., RICKY SITOMER Third-Party Index No. 595123/2021 Plaintiff,

-against-

APOLLO JETS, LLC, FLY PRIVATE ENTERPRISES, INC., TODD ROME

Defendant. -------------------X

The following e-filed documents, listed by NYSCEF document number (Motion 009) 196, 197, 198 were read on this motion to/for SUBST/REUEVE/WITHDRAW COUNSEL

APPEARANCES:

Jaffe and Asher LLP, New York, New York (Glenn P. Berger,

Esq., of counsel) for defendants.

HON. EMILY MORALES-MINERVA:

In this matter, movant seeks to withdraw as counsel for

defendants due to defendants' failure to communicate and

cooperate with movants, and to pay movants' legal fees. The

following papers were read on this motion by Jaffe and Asher LLP

for an order pursuant to CPLR 321(b) (2) granting it leave to

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withdraw attorneys of record (Gregory E. Galterio, Esq., and

Glenn P. Berger, Esq.,), and staying all proceedings in this

action for 30 days:

1) Notice of Motion to Withdraw as Counsel (see NY St Cts

Elec Filing [NYSCEF] Doc No. 196).

2) Affidavit of Gregory E. Galterio Esq. (see NY St Cts Elec

Filing [NYSCEF] Doc No. 197).

3) Affidavit of Service. (see NY St Cts Elec Filing [NYSCEF]

Doc No. 198).

There has been no opposition to the motion.

An attorney may only withdraw as counsel upon a showing of

good and sufficient cause and reasonable notice (CPLR 321[b] [2];

see Bok v Werner, 9 AD3d 318 (1st Dept 2004]). The question of

whether such cause exists is a matter addressed to the Court's

discretion (see Rivardeneria v New York City Health and Hasps.

Corp., 306 AD2d 394 [2d Dept 2003]). An attorney may withdraw

from representing a client if the client renders the

representation unreasonably difficult for the lawyer to carry

out employment effectively {see Rules of Pro sional Conduct

[22 NYCRR 1200.0] rule 1.16 [c] [7]; see also Raff & Becker LLP v

Kaiser Saurborn & Mair, P.C., 160 AD3d 479 [1st Dept 2018].

Further, an attorney may be permitted to withdraw from

representation where a client refuses to pay reasonable legal

fees see Rules of Professional Conduct [22 NYCRR 1200.0] rule

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1.16 [c] [5]; see Holmes v Y.J.A. Realty Corp., 128 AD2d 482 [1st

Dept 1987]). Finally, the failure to object to the movant's

motion for withdrawal has been noted as a factor justifying

approval of a motion to withdraw (see Alvarado-Vargas v 6422

Holding Corp., 85 AD3d 829 [2d Dept 2011]).

In the present case, movant has made a sufficient showing

of good cause for withdrawal based upon defendants' failure to

communicate and cooperate with movants, and failure to pay

movants' legal fees. Accordingly, movants are entitled to leave

to withdraw from representing defendants. Moreover, the action

is stayed for 30 days from entry of this decision and order

pursuant to CPLR 321(c), which provides for an automatic stay of

a matter where counsel is removed.

Accordingly, is

ORDERED that the motion is granted and the Jaffe and Asher

LLP is relieved as counsel for defendants; and it is further

ORDERED that the movant shall serve a copy of this order

with notice of entry upon defendants and all parties within 10

days of entry; and is further

ORDERED that this action is hereby stayed for a period of

30 days from the date of entry of this order to allow defendants

an opportunity to retain new counsel or elect to represent

themselves and proceed prose. Defendants are directed to notify

the court and all counsel in writing within the 30-day period as

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to new counsel's name and address or their election to proceed

prose.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT

5/22/2024 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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