New York State Court of Claims

New York State Court of Claims

GREEN v. THE STATE OF NEW YORK, #2004-015-389, Claim No. 106013, Motion No. M-67822


Synopsis


Case Information

UID:
2004-015-389
Claimant(s):
MARGARET GREEN
Claimant short name:
GREEN
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
106013
Motion number(s):
M-67822
Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant's attorney:
Basch & Keegan, LLPDerek J. Spada, Esquire
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Glenn King, Esquire Assistant Attorney General (no appearance)
Third-party defendant's attorney:

Signature date:
March 18, 2004
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

By order to show cause signed on December 17, 2003, claimant's attorneys of record, Basch & Keegan, LLP, seek to be relieved as claimant's attorneys pursuant to CPLR 321 (b). Neither claimant nor the defendant opposed the motion which is granted as provided below. Although a client may discharge an attorney without cause at any time, there must be a showing of good cause and reasonable notice before an attorney will be permitted to terminate the attorney/client relationship (see, Matter of Dunn, 205 NY 398, 403; Lake v M.P.C. Trucking, 279 AD2d 813; Code of Professional Responsibility DR 2-110 [22 NYCRR § 1200.15]); People v Woods, 117 Misc 2d 1, 2). The Court is satisfied from the affidavit of service sworn to January 5, 2004 and submitted on the motion that claimant received reasonable notification of counsels' application to withdraw.

The affirmation of Derek J. Spada in support of the motion sets forth factual allegations tending to prove that good cause exists to permit the law firm's withdrawal. While the determination of good cause lies within the Court's discretion (People v Salquerro, 107 Misc 2d 155) it is incumbent upon the moving party to demonstrate that there has been a breakdown in the attorney/client relationship, the underlying action is without merit or that irreconcilable differences have arisen which would make it unreasonably difficult, if not impossible, for the attorney to carry out his/her employment effectively (Valente v Seiden, 244 AD2d 799, 800; Ashker v International Bus. Machs. Corp., 201 AD2d 765; see, Code of Professional Responsibility DR 2 -110 [c][1][a] [22 NYCRR § 1200.15 (c)(1)(i)] and DR 2-110 [c][1][d] [22 NYCRR § 1200.15 (c) (1) (iv)]). The movant has met its burden and, accordingly, the motion to be relieved is granted.

IT IS ORDERED that the withdrawing attorneys shall personally serve a copy of the decision and order herein with notice of entry upon Margaret Green on or before April 12, 2004 and file proof of service with the Clerk of the Court. Margaret Green shall have 45 days following service of the decision and order upon her to inform the Court of the name and address of an attorney retained to represent her on this claim or that she intends to proceed on a pro se basis.



March 18, 2004
Saratoga Springs, New York

HON. FRANCIS T. COLLINS
Judge of the Court of Claims



The Court considered the following papers:
  1. Order to show cause dated December 17, 2003;
  2. Affirmation of Derek J. Spada dated December 10, 2003 with exhibits.