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George v. George

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 14, 1995
217 A.D.2d 913 (N.Y. App. Div. 1995)

Opinion

July 14, 1995

Appeal from the Supreme Court, Oneida County, Grow, J.

Present — Green, J.P., Pine, Fallon, Callahan and Davis, JJ.


Order unanimously affirmed without costs. Memorandum: Supreme Court did not improvidently exercise its discretion in denying the motion of Alderman and Alderman, the attorneys for defendant, to withdraw as defendant's attorneys. To be entitled to terminate the relationship with a client, an attorney must make a showing of good or sufficient cause and reasonable notice (see, Catrone v. Catrone, 92 A.D.2d 559; Isser v. Berg, 38 Misc.2d 957; see also, Heinike Assocs. v. Liberty Natl. Bank, 142 A.D.2d 929, 931; 6 N Y Jur 2d, Attorneys at Law, §§ 54-55). The attorneys for defendant failed to make that showing. The fact that a client fails to pay an attorney for services rendered does not, without more, entitle the attorney to withdraw (see, Isser v. Berg, supra; see, e.g., Haskell v. Haskell, 185 A.D.2d 333; see generally, Code of Professional Responsibility DR 2-110 [C] [ 22 NYCRR 1200.15 (c)]). Additionally, discovery has been completed and a note of issue has been filed. To permit the withdrawal of the attorneys for defendant at this late date would further delay the resolution of this action (see, Haskell v. Haskell, supra, at 333; Torres v. Torres, 169 A.D.2d 829) and would not promote judicial economy.


Summaries of

George v. George

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 14, 1995
217 A.D.2d 913 (N.Y. App. Div. 1995)
Case details for

George v. George

Case Details

Full title:MARY GEORGE, Respondent, v. LAWRENCE GEORGE, Respondent. ALDERMAN AND…

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

Date published: Jul 14, 1995

Citations

217 A.D.2d 913 (N.Y. App. Div. 1995)
629 N.Y.S.2d 602

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