The following e-filed documents, listed by NYSCEF document number (Motion 010) 383, 384, 385, 386, 387 were read on this motion to/for ATTORNEY -DISQUALIFY/RELIEVE/SUBSTITUTE/WITHDRAW.

In motion sequence 003, Meister Seelig & Fein LLC ("MSF") moves, pursuant to CPLR § 321(b)(2), for an order granting leave to withdraw as counsel.

Stephen Meister, Esq., an attorney at MSF, submits an affirmation dated November 16, 2022. Counselor Meister affirms, under penalty of perjury, that MSF seeks to withdraw as counsel for defendants, because "despite numerous demands, Defendants have not paid MSF's outstanding invoice of $86,201.79" (NYSCEF doc. no. 96, para 16). Mr. Meister further represents that the defendants have been advised of the firm's intention to withdraw should they continue to neglect to pay their legal bills (NYSCEF doc. no. 96, para 17).

MSF requests that this Court stay all proceedings in this action pending adjudication of this motion and, upon granting permission for the firm to withdraw, staying all proceedings in this action for a period of no less than sixty days so that the subject defendants can determine whether to retain new counsel or proceed pro se.

In opposition, plaintiffs oppose the withdrawal on the belief that the request for withdrawal is intended to stall proceedings and will prejudice the plaintiffs where the defendants are precluded from opposing future relief in summary judgment.

CPLR 321 (b) (2) provides:

"[a]n 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 (Farage v Ehrenberg, 124 AD3d 159 [2nd Dept 2014]). The attorney must submit evidence of an irretrievable breakdown in the relationship or a failure of cooperation by the client (id.). "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" (Applebaum v Einstein, 163 AD3d 905, 907 [2nd Dept 2018]).

Here, Mr. Meister and MSF submitted sufficient evidence, by way of attorney affirmation, of a breakdown in the attorney-client relationship. MSF affirms that defendants refuse to pay legal fees (NYSCEF doc. no. 96, para 16). A party's refusal to pay legal fees, and lack of overall general cooperation with its attorney, are sufficient grounds to grant leave to withdraw (Applebaum v Einstein, 163 AD3d 905, 907 [1st Dept 2018][finding the court improvidently exercised its discretion in denying leave to withdraw when the plaintiff was in substantial arrears in payment of fees, failed]). Here, plaintiffs have failed to provide for the payment of their legal fees and their relationship with legal counsel has subsequently suffered an [*2]irreparable breakdown. As such, the motion for withdrawal should be granted.

Accordingly, it is hereby

ORDERED that the motion seq. no. 003 of Stephen Meister, Esq. and MSF to be relieved as counsel for defendants is granted, and it is further

ORDERED that, within 10 days from entry, said attorney shall serve a copy of this order with notice of entry upon the former client at its last known address by certified mail, return receipt requested, and upon the attorneys for all other parties appearing herein by e-filing to the New York State Courts Electronic Filing System; and it is further

ORDERED that, together with the copy of this order with notice of entry served upon the former client, moving counsel shall forward a notice directing the former client to appoint a substitute attorney within 30 days from the date of the mailing of the notice and the client shall comply therewith; and it is further

ORDERED that any new attorney retained by the plaintiffs shall file a notice of appearance with the Clerk of the General Clerk's Office (60 Centre Street, Room 119) and the Clerk of Part 43 within 40 days from the date the notice to retain new counsel is mailed; and it is further

ORDERED that no further proceedings may be taken against the former client without leave of this court for a period of 60 days after service on the former client of the aforesaid notice to appoint a substitute attorney; and it is further

ORDERED that the departing attorney shall, within 10 days from entry, serve a copy of this order with notice of entry on the Clerk of the General Clerk's Office (Room 119); and it is further

ORDERED that such service upon the Clerk of the General Clerk's Office, the filing of a notice of appearance as provided herein, and the filing of papers as aforesaid shall be made in accordance with the procedures set forth in the Protocol on Courthouse and County Clerk Procedures for Electronically Filed Cases (accessible at the "E-Filing" page on the court's website at the address www.nycourts.gov/s upctmanh)]; and it is further

ORDERED that a virtual conference will be held on March 9, 2023 at 10:30 a.m.

This constitutes the decision and order of this court.