The opinion
Board of Mgrs. of the 130 W. 17th St. Condominium v
Rubin Museum of Art
2024 NY Slip Op 34275(U)
December 3, 2024
Supreme Court, New York County
Docket Number: Index No. 152216/2023
Judge: Emily Morales-Minerva
Cases posted with a "30000" identifier, i.e., 2013 NY Slip
Op 30001(U), are republished from various New York
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publication.
FILED: NEW YORK COUNTY CLERK 12/04/2024 10:58 AM INDEX NO. 152216/2023
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 12/04/2024
SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
PRESENT: HON. EMILY MORALES-MINERVA PART 42M
Justice
-------------------X INDEX NO. 152216/2023
THE BOARD OF MANAGERS OF THE 130 WEST 17TH
MOTION DATE Oct. 30, 2024
STREET CONDOMINIUM, ON BEHALF OF ALL UNIT
OWNERS,
MOTION SEQ. NO. .._00...,4.__ __
Plaintiff,
- V-
DECISION + ORDER
RUBIN MUSEUM OF ART A/KIA SHELLY AND DONALD
RUBIN CULTURAL TRUST, FORMATION NYC
LLC,HACKD FITNESS, LLC,D/B/A PRTL
Defendant.
-------------------X
APPEARANCES:
Braverman Greenspun, P.C., New York, NY (Kelly Ann
Ringston, Esq., of counsel), for plaintiff.
Goldberg Weprin Finkel Goldstein LLP, New York, NY (Matthew
Ethan Hearle, Esq., of counsel), for defendant RUBIN MUSEUM
OF ART A/K/A SHELLY AND DONALD RUBIN CULTURAL TRUST.
Patrick Doerr PLLC, New York, NY (Mark Thomas Doerr, Esq.,
of counsel), for defendant FORMATION NYC LLC.
The Price Law Firm LLC, New York, NY (Joshua C. Price,
Esq., of counsel) for defendant HACKD FITNESS, LLC D/B/A/
PRTL.
HON. EMILY MORALES-MINERVA, J.S.C.:
In this breach of contract action, non-party The Price Law
Firm, LLC (law firm} -- counsel for defendant HACKD FITNESS, LLC
D/B/A PRTL (client) -- moves, by order to show cause (mot. seq.
no. 004), for an order permitting it to withdraw from such
representation and for an order staying this action for 60 days
152216/2()23 THE BOARD OF MANAGERS OF THE 130 WEST 17TH STREET CONDOMINIUM, Page 1 of4
ON BEHALF OF ALL UNIT OWNERS vs. RUBIN MUSEUM OF ART AJKJA SHELLY AND DONALD
RUBIN CULTURAL TRUST ET AL
Motion No. 004
1 of 4
[* 1]
FILED: NEW YORK COUNTY CLERK 12/04/2024 10:58 AM INDEX NO. 152216/2023
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 12/04/2024
thereafter. The record on this application includes proof of
service on defendants (see NYSCEF Doc. No. 55, affidavit of
service, dated November 21, 2024), and the matter was returnable
in Part 42M, on November 25, 2024, at 3:00 P.M.
At the call of the calendar, all parties appeared, except
for defendant HACKD FITNESS, LLC D/B/A PRTL. Said defendant did
not contact the court with an excuse or request for an
adjournment, and no parties raised any opposition to the motion.
For the reasons set forth below, the court grants the
application entirely.
An attorney may only withdraw as counsel upon a showing of
good and sufficient cause, and reasonable notice (see CPLR § 321
[b] [2]; see also Bok v Werner, 9 AD3d 318 [1st Dept 2004]). The
question of whether good cause exists lies within the sound
discretion of the court (see Rivadeneria v New York City Health
& Hosps. Corp., 306 AD2d 394 [2d Dept 2003]). Further, an
attorney may withdraw as counsel if the client's failure to
communicate with counsel renders the representation unreasonably
difficult, undermining counsel's ability to represent the client
effectively (see Raff & Becker LLP v Kaiser Saurborn & Ma-ir,
P.C., 160 AD3d 479 [1st Dept 2018]; see also Bankers Trust Co. v
Hogan, 187 AD2d 305 [1st Dept 1992]).
152216/2023 THE BOARD OF MANAGERS OF THE 130 WEST 17TH STREET CONDOMINIUM, Page 2 of 4
ON BEHALF OF ALL UNIT OWNERS vs. RUBIN MUSEUM OF ART A/KIA SHELLY AND DONALD
RUBIN CULTURAL TRUST ET AL
Motion No. 004
2 of 4
[* 2]
FILED: NEW YORK COUNTY CLERK 12/04/2024 10:58 AM INDEX NO. 152216/2023
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 12/04/2024
Here, non-party law firm has made a sufficient showing of
good cause for withdrawal based upon client's failure to
communicate and cooperate with law firm's representation (see
NYSCEF Doc. No. 53, Affirmation of Joshua C. Price, Esq.).
Accordingly, it is
ORDERED that the order to show cause (mot. seq. no. 004) is
granted; it is further
ORDERED that non-party The Price Law Firm, LLC is permitted
to withdraw and is relieved as counsel for defendant HACKD
FITNESS, LLC D/B/A PRTL; it is further
ORDERED that this action is stayed for a period of 60 days
from the date of entry of this order to allow defendant HACKD
FITNESS, LLC D/B/A sufficient time to retain new counsel, and
that said defendant shall notify this court, in writing, within
the 60-day period as to incoming counsel's name and address; and
it is further
ORDERED that non-party The Price Law Firm, LLC shall serve
a copy of this order with notice of entry upon defendant HACKD
FITNESS, LLC D/B/A PRTL and all other parties within 10 days of
entry.
152216/2023 THE BOARD OF MANAGERS OF THE 130 WEST 17TH STREET CONDOMINIUM, Page 3 of 4
ON BEHALF OF ALL UNIT OWNERS vs. RUBIN MUSEUM OF ART A/KIA SHELLY AND DONALD
RUBIN CULTURAL TRUST ET AL
Motion No. 004
3 of 4
[* 3]
FILED: NEW YORK COUNTY CLERK 12/04/2024 10:58 AM INDEX NO. 152216/2023
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 12/04/2024
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
,. ,...,. 1J ~ .,,.,~7"'~ •v::"' A, .~tt.'t,
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12/3/2024
8
DATE EMILY MORALES-MINERVA, J.S.C.
CHECK ONE: CASE DISPOSED NON-FINAL DISPOSITION
GRANTED □ DENIED GRANTED IN PART □ OTHER
APPLICATION: SETTLE ORDER SUBMIT ORDER
CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT □ REFERENCE
152216/2023 THE BOARD OF MANAGERS OF THE 130 WEST 17TH STREET CONDOMINIUM, Page4of4
ON BEHALF OF ALL UNIT OWNERS vs. RUBIN MUSEUM OF ART A/KIA SHELLY AND DONALD
RUBIN CULTURAL TRUST ET AL
Motion No. 004
4 of 4
[* 4]