On May 15, 2026, Justice Reed of the New York County Commercial Division issued a decision in Brighthill Capital, LLC v. Abrams, 2026 NY Slip Op. 50742(U), holding that a client’s failure to pay is sufficient grounds to grant a motion to withdraw as counsel, explaining:
CPLR 321 (b) (2) provides:
an attorney of record 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. 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. Here, attorney Caruso submits sufficient evidence, by way of attorney affirmation, of a breakdown in the attorney-client relationship sufficient to warrant withdrawal. A party’s failure to pay fees and communicate with its attorney is sufficient grounds to grant leave to withdraw, and no opposition to the motion was filed.
(Internal quotations and citations omitted).