American Express Natl. Bank v Toro Kitchen, Inc.

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American Express Natl. Bank v Toro Kitchen, Inc. 2022 NY Slip Op 33512(U) October 14, 2022 Supreme Court, New York County Docket Number: Index No. 656415/2018 Judge: Debra A. James 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. 656415/2018 [FILED: NEW YORK COUNTY CLERK 10/14/2022 04:20 P~ NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 10/14/2022 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: PART HON. DEBRA JAMES 59 Justice ----------------------------------------------------------------- ----------------X AMERICAN EXPRESS NATIONAL BANK INDEX NO. MOTION DATE Plaintiff, MOTION SEQ. NO. 656415/2018 03/03/2022 003 - V - DECISION + ORDER ON MOTION TORO KITCHEN, INC., Defendant. ------------------------------------------------------------------- --------------X The following e-filed documents, listed by NYSCEF document number (Motion 003) 51, 52, 53, 54, 55, 56,58,59, 60, 61, 62 ATTORNEY - WITHDRAW were read on this motion to/for ORDER Upon the foregoing documents, ORDERED that the motion of Jerome Lee, Esq., to be relieved as attorney for Toro Kitchen, Inc., is granted without opposition upon the filing by movant of proof of compliance with the following conditions: and it is further ORDERED that Jerome Lee, Esq., shall serve a copy of this order with notice of entry upon the former client, Toro Kitchen, Inc., at its last known address by regular first class mail, and upon the attorneys for all other parties appearing herein by New York State Courts Electronic Filing System; and it is further ORDERED that, together with the copy of the order with notice of entry served upon Toro Kitchen, Inc, Jerome Lee, Esq., 656415/2018 AMERICAN EXPRESS NATIONAL BANK vs. TORO KITCHEN, INC. Motion No. 003 [* 1] 1 of 4 Page 1 of4 INDEX NO. 656415/2018 [FILED: NEW YORK COUNTY CLERK 10/14/2022 04:20 P~ NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 10/14/2022 shall forward a notice directing Toro Kitchen, Inc., to appoint a substitute attorney within thirty (30) days after service of such notice and such client shall comply therewith; and it is further ORDERED that no further proceedings may be taken against defendant, Toro Kitchen, Inc., without leave of this court for a period of forty (40) days after service on Toro Kitchen, Inc., of the aforesaid notice to appoint a substitute attorney; ORDERED that any new attorney retained by defendant shall file a notice of appearance with the Clerk of the General Clerk's Office ( 60 Centre Street, within forty ( 4 0) days Room 119) and the Clerk of the from the date the notice to Part retain new counsel is mailed; and it is further ORDERED that plaintiff's motion for summary judgment (motion sequence number 002) is adjourned to December 14, 2022 and defendant is directed to post on NYSCEF opposition thereto twelve (12) days prior to such date and plaintiff is directed to post on NYSCEF a reply thereto no later than two (2) days prior to such date; and it is further ORDERED that the departing attorney shall, days from entry, within ten (10) 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 656415/2018 AMERICAN EXPRESS NATIONAL BANK vs. TORO KITCHEN, INC. Motion No. 003 [* 2] 2 of 4 Page 2 of 4 INDEX NO. 656415/2018 [FILED: NEW YORK COUNTY CLERK 10/14/2022 04:20 P~ NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 10/14/2022 ORDERED that Clerk's Office, herein, such service upon the Clerk of the General the filing of a notice of appearance as provided 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)] DECISION In this breach of contract action, counsel for defendant Toro Kitchen, counsel. Inc., Jerome Lee, Esq., seeks to withdraw as The motion is unopposed. An attorney may move to be relieved as counsel of record upon a showing of good and sufficient cause, and reasonable notice to the client. ( See CPLR 321 [b] ( 2) ; Mason v MTA N. Y. City Tr., 38 AD3d 258, 258 [1st Dept 2007]). A client's failure to pay reasonable legal fees to its counsel constitutes good cause for the withdrawal of such attorney from representing such party. (see Winters v Winters, 25 AD3d 601 [2nd Dept 2006]) Likewise, the failure of a client to communicate with its attorney constitutes good cause to be relieved as counsel. (See Bok v Werner, 9 AD3d 318 [1 st Dept 2004). Here, counsel asserts that the attorney-client relationship has deteriorated. Counsel affirms that he was instructed by the defendant to cease efforts to defend the corporation, Toro 656415/2018 AMERICAN EXPRESS NATIONAL BANK vs. TORO KITCHEN, INC. Motion No. 003 [* 3] 3 of 4 Page 3 of 4 INDEX NO. 656415/2018 !FILED: NEW YORK COUNTY CLERK 10/14/2022 04: 20 PM! NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 10/14/2022 Kitchen, Inc., because there are no funds to resolve the matter with plaintiff, and no funds to pay counsel. Additionally, counsel has not been able to communicate with the defendant in approximately four months prior to filing the instant motion to be relieved as counsel. ( see NYSCEF Doc No. 52) . J)-~ .A - } ~ 20221014143932DJAMES78A67319F02B4FB49ED3ACB04666F6A7 10/14/2022 DATE CHECK ONE: DEBRA A. JAMES, J.S.C. CASE DISPOSED GRANTED • NON-FINAL DISPOSITION DENIED GRANTED IN PART APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT 656415/2018 AMERICAN EXPRESS NATIONAL BANK vs. TORO KITCHEN, INC. Motion No. 003 [* 4] 4 of 4 • • OTHER REFERENCE Page4 of 4

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