### Fields v Baker & Hostetler LLP 2024 NY Slip Op 31949(U) June 4, 2024 Supreme Court, New York County Docket Number: Index No. 160978/2019 Judge: Robert R. Reed 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. 160978/2019 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 06/05/2024

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### SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: COMMERCIAL DIVISION PART 

### 43

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RICHARD FIELDS, JACKSON LAND AND CATTLE, LLC, JLC RANCH DEVELOPMENT, LLC, and JLC RANCH, LLC Plaintiffs,-vBAKER & HOSTETLER LLP, LAURENCE MARKOWITZ, and RAYMOND SUTTON, Defendants.



## ------------------- -------X HON. ROBERT R. REED: INDEX NO. 160978/2019 MOTION DATE 05/06/2024 MOTION SEQ. NO. 003



### DECISION+ ORDER ON MOTION

The following e-filed documents, listed by NYSCEF document number (Motion 002) 63, 64, 65, 66, 67, 68 were read on this motion for ATTORNEY - WITHDRAW Inmotion sequence 

### 003, lawfirm StorchByrne LLP (Storch Byrne), counsel for plaintiffs, moves pursuant to CPLR 

### §321 (b) 

### (2) and Rules ofProfessional Conduct 

### (22 NYCRR 

### 1200.0) rule 

### 1.16, for an order granting leave to withdraw as counsel. Steven G. Storch, Esq., a member ofStorch Byrne, submits an affirmation dated May 6, 

### 2024. Counselor Storch affirms, underpenalty ofperjury, that Storch Byrne seeks to withdraw as counsel for plaintiffs, Richard Fields, Jackson Land and Cattle, LLC, JLC Ranch Development, LLC and JLC Ranch, LLC, because oftheir "failureto pay fees and expenses in accordance with the agreementbetweenthe [t]irm and [p]laintiffs" (NYSCEF doc. no. 71, para 2). Mr. Storch further affirms that, as a "small law office," Storch Byrne is "not in a positionto advance expenses inthis matter or divert lawyers from other work which generates firm revenue, to this

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### [* 1]INDEX NO. 160978/2019 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 06/05/2024

2 of 4 matter for which [it is] notbeing paid and whichinvolves substantially voluminous discovery and will require multiple depositions, throughout the United States" (id. at para 5). StorchByrne also requests thatthis court stay all proceedings inthis action for sixty days to allowplaintiffs time to retain new counsel. The motion is unopposed. CPLR321 (b) (2) provides: "[a]n attorney ofrecord may withdraw orbe changedby order ofthe courtin which the action is pending, upon motionon such noticeto the client ofthe withdrawing attorney, to the attorneys ofall other parties inthe action or, ifa party appears without an attorney,to the party, and to any otherperson, as the court may direct." Ifan attorney deems it necessary to endthe attorney-client relationship withoutthe consent ofthe client, the attorney may move on suchnotice as may be directed by the court, to berelieved as counsel.by court order (Farage v Ehrenberg, 124 AD3d 159 [2nd Dept 2014]). "The decision to grant or deny permission for counsel to withdraw lies withinthe discretion of the trial court, and the court's decision should notbe overturned absent a showing ofan improvident exercise ofdiscretion" (Applebaum v Einstein, 163 AD3d 905, 907 [2nd Dept 2018]).Here, Storch Byrne submitted sufficient evidence, by way ofattorney affirmation, of plaintiffs' failure to pay legal fees pursuantto their engagementletters (NYSCEF doc. no. 71, para 2). A party's failure to pay legal fees is sufficient grounds to grant leave to withdraw (see Weiss v Spitzer, 46 AD3d 675 [2d Dept 2007] [an attorney may be permitted to withdrawfrom employmentwhere a clientrefuses to pay reasonable legal fees]; see also Holmes v Y.J.A. Realty Corp., 128 AD2d482 [1st Dept 1987]). Indeed, "there is no obligation onthe part ofcounsel to finance the litigation orrender gratuitous services" (Holmes at 483). Accordingly, it is hereby
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### [* 2]INDEX NO. 160978/2019 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 06/05/2024

3 of 4 ORDERED 

### thatthe motion seq. no. 003 ofSteven G. Storch, Esq. and Storch ByrneLLP to be relieved as counsel for plaintiffs is granted without opposition upon filing of proof of compliance with the following conditions; and it is further ORDERED 

### that, within 10 days from entry, said attorney shall serve a copy ofthis order with notice ofentry uponthe former clients at their last known addresses by certified mail, return receipt requested, and upon the attorneys for all other parties appearing herein by posting to the New York State Courts Electronic Filing System; and it is further ORDERED 

### that, togetherwiththe copy ofthis order with notice ofentry served uponthe former clients, moving counsel shall forward a notice directing the former clients to appoint a substitute attorney within 30 days from the date ofthe mailing ofthe notice and the client shall comply therewith, except that, in the event plaintiffRichard Fields intends instead to represent himself, he shall notify the Clerk ofPart 43 ofthis decision in writing within said 30-day period; and it is further ORDERED 

### that any new attorney retained by the plaintiffs shall file a notice of appearance with the Clerk ofthe General Clerk's Office (60 Centre Street, Room 119) and the Clerk ofPart 43 within 40 days from the date the notice to retain new counsel is mailed; and it is further ORDERED 

### that no further proceedings may be taken against the former clients without leave ofthis courtfor aperiodof30 days after service onthe former clients ofthe aforesaid notice to appoint a substitute attorney; and it is further ORDERED 

### that the departing attorney shall, within 10 days from entry, serve a copy of this order with notice ofentry onthe Clerk ofthe General Clerk's Office (Room 119); and it is further

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4 of 4 ORDERED 

### that such service upon the Clerk ofthe General Clerk's Office, the filing ofa notice of appearance as provided herein, and the filing ofpapers as aforesaid shall be made in accordance with the procedures set forth in the Protocol on Courthouse and County Clerk Procedures forElectronicallyFiledCases 

### (accessible atthe "E-Filing"page onthe court'swebsite at the address www.nycourts.gov/supctmanh)]; and it 

### is further ORDERED 

### that the parties shall appear for a status conference to be held via Microsoft TEAMS on August 20, 2024, at 10:30 a.m. This constitutes the decision and order ofthis court.

CHECK ONE:
APPLICATION: CHECK IF APPROPRIATE: CASE DISPOSED GRANTED

**□** DENIED SETTLE ORDER INCLUDES TRANSFER/REASSIGN

160978/2019 FIELDS, RICHARD vs. BAKER & HOSTETLER LLP Motion No.. 003 ROBERT R. REED, J.S.C. NON-FINAL DISPOSITION GRANTED IN PART · SUBMIT ORDER FIDUCIARY APPOINTMENT 

### □ OTHER



### □ REFERENCE

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