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 

--------·---------------------------X 

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 

In motion sequence 003, law firm Storch Byrne LLP (Storch Byrne), counsel for 

plaintiffs, moves pursuant to CPLR §321 (b) (2) and Rules of Professional Conduct (22 

NYCRR 1200.0) rule 1.16, for an order granting leave to withdraw as counsel. 

Steven G. Storch, Esq., a member of Storch Byrne, submits an affirmation dated May 6, 

2024. Counselor Storch affirms, under penalty of perjury, 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 of their "failure to pay fees and expenses in accordance with 

the agreement between the [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 position to advance 

expenses in this matter or divert lawyers from other work which generates firm revenue, to this 

160978/2019 FIELDS, RICHARD vs. BAKER & HOSTETLER LLP 

Motion No. 003 

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NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 06/05/2024

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matter for which [it is] not being paid and which involves substantially voluminous discovery 

and will require multiple depositions, throughout the United States" (id. at para 5). 

Storch Byrne also requests that this court stay all proceedings in this action for sixty days 

to allow plaintiffs time to retain new counsel. The motion is unopposed. 

CPLR 321 (b) (2) provides: 

"[a]n attorney ofrecord may withdraw or be changed by order of the court in 

which the action is pending, upon motion on such notice to the client of the 

withdrawing attorney, to the attorneys of all other parties in the action or, if a 

party appears without an attorney, to the party, and to any other person, as the 

court may direct." 

If an attorney deems it necessary to end the attorney-client relationship without the 

consent of the client, the attorney may move on such notice as may be directed by the court, to 

be relieved 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 within the discretion of 

the trial court, and the court's decision should not be overturned absent a showing of an 

improvident exercise of discretion" (Applebaum v Einstein, 163 AD3d 905, 907 [2nd Dept 

2018]). 

Here, Storch Byrne submitted sufficient evidence, by way of attorney affirmation, of 

plaintiffs' failure to pay legal fees pursuant to their engagement letters (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 withdraw from 

employment where a client refuses to pay reasonable legal fees]; see also Holmes v Y.J.A. Realty 

Corp., 128 AD2d 482 [1st Dept 1987]). Indeed, "there is no obligation on the part of counsel to 

finance the litigation or render gratuitous services" (Holmes at 483). 

Accordingly, it is hereby 

160978/2019 FIELDS, RICHARD vs. BAKER & HOSTETLER LLP 

Motion No. 003 

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ORDERED that the motion seq. no. 003 of Steven G. Storch, Esq. and Storch Byrne LLP 

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 of this order 

with notice of entry upon the 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, together with the copy of this order with notice of entry served upon the 

former clients, moving counsel shall forward a notice directing the former clients to appoint a 

substitute attorney within 30 days from the date of the mailing of the notice and the client shall 

comply therewith, except that, in the event plaintiff Richard Fields intends instead to represent 

himself, he shall notify the Clerk of Part 43 of this 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 of the General Clerk's Office (60 Centre Street, Room 119) and the 

Clerk of Part 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 of this court for a period of 30 days after service on the former clients of the 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 of entry on the Clerk of the General Clerk's Office (Room 119); and it is 

further 

160978/2019 FIELDS, RICHARD vs. BAKER & HOSTETLER LLP 

Motion No. 003 

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ORDERED that such service upon the Clerk of the General Clerk's Office, the filing of a 

notice of appearance as provided herein, and the filing of papers as aforesaid shall be made in 

accordance with the procedures set forth in the Protocol on Courthouse and County Clerk 

Procedures for Electronically Filed Cases (accessible at the "E-Filing" page on the court's website 

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 of this 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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