Ben-Yu Zhan v. Sun Wing Wo Realty Corp.

Full title: BEN-YU ZHAN et al., Plaintiffs, v. SUN WING WO REALTY CORP., Appellant…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 17, 1994

208 A.D.2d 668 (N.Y. App. Div. 1994)

617 N.Y.S.2d 523

Opinion

October 17, 1994

Appeal from the Supreme Court, Kings County (Garry, J.).

Ordered that the order is affirmed, with costs.

The decision to grant or deny permission for counsel to withdraw lies within the discretion of the trial court, and the court's decision will not be overturned absent a showing of an improvident exercise of discretion (see, Haskell v. Haskell, 185 A.D.2d 333). Based upon the papers submitted and the fact that the defendant Wonton Deluxe, Inc., did not oppose its counsel's motion to withdraw, the court did not improvidently exercise its discretion in permitting counsel to withdraw. Thompson, J.P., Miller, O'Brien, Santucci and Joy, JJ., concur.