On September 27, 2024, Justice Reed of the New York County Commercial Division issued a decision in Subify LLC v. Ace Hat Collection Inc., 2024 NY Slip Op. 51336(U), refusing counsel to withdraw without consent or adequate justification, 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.
For withdrawal to be permitted, the attorney must demonstrate that good cause exists to end the relationship with the client, such as by showing an irretrievable breakdown in the relationship or a failure of cooperation by the client. 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.
Thomas fails to demonstrate good cause to support a grant of leave to withdraw from representation of Ace Hat. First, he has not submitted any proof that he attempted service upon Ace Hat of his motion to withdraw by overnight priority mail at its last known address or an affidavit or acknowledgement of service from Ace Hat. An attorney is required to provide reasonable notice to the client when withdrawing from representation. Second, he does not present any factual circumstances that would warrant a grant of withdrawal, such as an irretrievable breakdown in the relationship or failure of cooperation by the client in the representation. Absent circumstances warranting leave to withdraw, Thomas must obtain consent from Ace Hat to withdraw.
(Internal quotations and citations omitted).