On September 26, 2025, Justice Reed of the New York County Commercial Division issued a decision in Concordance Healthcare Solutions LLC v. Kori Capital Inc., 2025 NY Slip Op. 51529(U), allowing counsel to withdraw from a representation based on a breakdown of its relationship with the client, 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, it is this court’s view that a breakdown in the attorney-client relationship occurred between Ice Miller and Kori Capital sufficient to warrant withdrawal. A party’s failure to communicate with its attorney, and lack of overall general cooperation with its attorney, are sufficient grounds to grant leave to withdraw.
It is evident by Ice Miller’s submissions that a breakdown in the relationship between the firm and Kori Capital has occurred, such that continuing representation is unfeasible. A failure to communicate with counsel will constitute grounds to terminate an attorney-client relationship.
(Internal quotations and citations omitted).