I.R. 136 E. 70th LLC v Lexington Sell Rug Inc.

Annotate this Case

Download PDF

I.R. 136 E. 70th LLC v Lexington Sell Rug Inc. 2023 NY Slip Op 33137(U) September 5, 2023 Supreme Court, New York County Docket Number: Index No. 153888/2021 Judge: Leslie Stroth 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. 153888/2021 NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 09/11/2023 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. LESLIE A. STROTH PART 12 Justice x _______ ______;________ INDEX NO. I. R. 136 E. 70TH LLC, MOTION DATE Plaintiff, MOTION SEQ. NO. 153888/2021 05/12/2023 006 -vLEXINGTON SELL RUG INC.,ROBEN KEYPOUR DECISION + ORDER ON MOTION Defendant. -----------------X The following e-filed documents, listed by NYSCEF document number (Motion 006) 101, 102, 103, 104, 107,108,109,110, 111,112,113,114, 115,116 ATTORNEYDISQUALIFY/RELIEVE/SUBSTITUTE/WlTHDRAW . were read on this motion to/for Counsel for defendants Lexington Sell Rug Inc. and Roben Keypour (defendants), Kaufman & Kahn, LLP, moves for an order pursuant to CPLR 321 to be relieved as counsel for defendants based on an irrevocable breakdown in communications between defendants and their current counsel. The underlying matter is. an ejectment action seeking to recover possession of a I i store located at 956 Lexington Avenue, New York, New York, as wen as damages in the amount r of $595,214.94. An attorney may withdraw as counsel of record upon a showing of good and sufficient cause for withdrawal and where reasonable notice has been provided to plaintiffs. See Genn v Ratnathicam, 187 AD3d 539 (1st Dept 2020). Deterioration of the attorney-client relationship is a commonly recognized ground for a withdrawal motion. Good and sufficient cause exists where there are " .. .irreconcilable differences between the attorney and the client with respect to the proper course to be pursued in litigation." Winters v Rise Steel Erection Corp., 231 AD2d 626 (2d Dept 1996). 153888/2021 I.R. 136 E. 70TH LLC vs. LEXINGTON SELL RUG INC. · Motion No. 006 [* 1] 1 of 4 Page 1 of4 INDEX NO. 153888/2021 NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 09/11/2023 In support of fos motion, attorney Roberf L. Kahn affirms that due to the irrevocable breakdown between attorney and client in this matter, Attorney Kahn cannot continue to defend this matter. Attorney Kahn affirms that defendants have made it unreasonably difficult to for him to communicate with them. Attorney Kahn furth affirms that he has not been able to have a meaningful discussion with defendants for several months. Attorney Kahn also moves to be relieved on the ground of non-payment of fees, pursuant to CPLR 321 (b) (2). Attorney Kahn's affirmation does not contain details as to Attorney Kahn's dealings with defendants to avoid prejudicing their rights. No opposition has been filed by plaintiff or opposing counsel. The matter was heard on April 25, 2023, at which counsel for plaintiff and ·defendants appeared. The Court directed Attorney Kahn to provide a confidential supplemental affirmation describing his communications with defendants for in camera review. Upon receipt of the confidential affirmation in further support of the order to show cause, the Court now finds that Kaufman & Kahn, LLP has demonstrated good ,and sufficient cause to be relieved as counsel. As the additional information provided in the supplemental affirmation would be prejudicial to defendapts, the Court declines to re-iterate the particulars in the within motion. Moreover, the Court notes that because discovery is not complete and the note ofissue has not yet been filed, the prejudice resulting from allowing Kaufman Kahn, LLP to withdraw is limited. Therefore, it is ORDERED that the motion of Kaufman & Kahn, LLP to be relieved as attorney for defendants Lexington Sell Rug Inc. and Rohen Keypour is granted upon filing of proof of compliance with the following conditions; and it is further ORDERED that, within l O days from entry, said attorney shall serve a copy of this order with notice of entry upon the former clients at their last known address by certified mail, return [* 2] 153888/2021 I.R.136 E. 70TH LLC vs. LEXINGTON SELL RUG INC. Motion No. 006 2 of 4 Page 2of4 INDEX NO. 153888/2021 NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 09/11/2023 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 client, moving counsel shall forward a notice directing the former client. to appoint a substitute attorney within 60 days from the date of the mailing of the notice and the client shall comply therewith, except that, in the event defendants intends instead to represent themselves, they shall notify the Clerk of the Part of this decision in writing within said 60-day period; and it is further ORDERED that any new attorney retained by defendants shall file a notice of appearance with the Clerk of the General Clerk's Office (60 Centre Street, Room 119) and the Clerk of the Part within 70 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 client without leave of this court for a period of 60 days after service on the former client of the aforesaid notice to appoint a substitute attorney; and it is further ORDERED that if a notice of appearance is not timely filed by a new attorney on behalf of corporate defendant Lexington Sell Rug Inc., then the outgoing attorney shall remain as its counsel of record 1; and it is further ORDERED th~t if no notice of appearance by a new attorney or written notice of intent to proceed self-~epresented is timely filed by individual defendant Rohen Keypour, then the outgoing attorney shall remain their counsel. of record; and it is further The Court notes that pursuant to CPLR 321 a corporation must appear by an attorney, and Lexington Sell Rugs Inc. cannot proceed without representation. 1 153888/2021 I.R. 136 E. 70TH LLC vs. LEXINGTON SELL RUG INC. Motion No. 006 [* 3] 3 of 4 Page 3 of4 INDEX NO. 153888/2021 NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 09/11/2023 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 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 Part Clerk shall schedule the matter for a discovery conference with the Court on the next available date, following the.expiration of the 60-day stay. The foregoing constitutes the decision and order of the Court. ~ 9/5/2023 DATE CHECK ONE: NON-FINAL DISPOSITION CASE DISPOSED GRANTED DENIED OTHER REFERENCE SUBMIT ORDER APPLICATION: SETTLE ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN 153888/2021 I.R. 136 E. 70TH LLC vs. LEXINGTON SELL RUG INC. Motion No. 006 [* 4] GRANTED IN PART 4 of 4 . FIDUCIARY APPOINTMENT Page 4 of 4

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.