Case Type
Landlord-Tenant
Housing Type
Market Rate
Court
Supreme Court of the State of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
153931/2021
Petitioner
Wilton Marte
Respondent
2013 Amsterdam LLC et ano.
Judge
Schumacher, Eric
Decision/Order Date
2024-03-19
Posture
Other
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
The court denied a motion by the plaintiff's counsel (Subin Associates, LLP) to withdraw as counsel pursuant to CPLR 321(b)(2). The court found that counsel failed to cite any legal authority allowing an ex parte hearing to disclose the reasons for withdrawal, as requested. Counsel also failed to demonstrate good cause for terminating the attorney-client relationship or provide the plaintiff with reasonable notice of the motion, as required for withdrawal under CPLR 321(b)(2). Although counsel argued the plaintiff violated the client's responsibilities, the court held that the cited authorities did not permit considering that ex parte. The court directed counsel to continue representing the plaintiff in this landlord-tenant matter involving a market rate premises.
Recommended Citation
"Marte v. 2013 Amsterdam LLC" (2024). All Decisions. 1427.
https://ir.lawnet.fordham.edu/housing_court_all/1427
