LLC v. Robert S. Abrams, Defendant. (2026)

The following e-filed documents, listed by NYSCEF document number (Motion 003) 34, 35, 36, 37, 38, 39, 40, 41were read on this motion to/for ATTORNEY DISQUALIFY/RELIEVE/SUBSTITUTE/WITHDRAW.

In motion sequence 003, attorneys Kenneth A. Caruso and David Labkowski jointly move, by order to show cause, for an order pursuant to CPLR 321 (b) (2) permitting Kenneth Caruso Law LLC to withdraw as counsel for defendant in this action. No opposition to the motion has been filed.

Attorney Kenneth A. Caruso filed an affirmation that attests to a breakdown in the attorney/client relationship (NYSCEF doc. no. 35). Caruso affirms, under penalty of perjury, that he appeared as counsel for defendant on November 6, 2025. Sometime in December of 2025, counsel purportedly made repeated efforts, by telephone and email, to contact defendant, but defendant ceased communicating with him. Additionally, counsel submits that defendant has not paid his legal fees. Caruso submits that the nonpayment of fees together with the lack of communication render his representation of defendant impossible, requiring his withdrawal of representation (id.).

Attorney David Labkowski submits an affirmation as co-counsel to defendant in this action. Attorney Labkowski adopts and incorporates the factual averments in attorney Caruso's affirmation (NYSCEF doc. no. 36).

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 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 [1st Dept 2018]). Here, attorney Caruso submits sufficient evidence, by way of attorney affirmation, of a breakdown in the attorney-client relationship sufficient to warrant withdrawal. A party's failure to pay fees and communicate with its attorney is sufficient grounds to grant leave to withdraw, and no opposition to the motion was filed (id.).

Accordingly, it is hereby

ORDERED that the joint motion of attorneys Kenneth A. Caruso and David Labkowski of Kenneth Caruso Law LLC to be relieved as counsel for defendant Robert S. Abrams is granted, without opposition, upon filing of proof of compliance with the following conditions; it is

ORDERED that, within 10 days from entry, said attorneys shall serve a copy of this order with notice of entry upon the former client at his last known address by certified mail, return receipt requested, and upon the attorney for all other parties appearing herein by 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, except that, in the event defendant Robert S. Abrams intends instead to represent himself, he shall notify the Clerk of the Part of this decision in writing within said 30-day period; and it is further

ORDERED that any new attorney retained by defendant shall file a notice of appearance with the Clerk of the General Clerk's Office and the Clerk of the Part 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 40 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; 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); and it is further

ORDERED that the compliance conference currently scheduled for June 4, 2026 shall be adjourned; and all parties shall appear for a virtual compliance conference on July 14, 2026 at 10:30 a.m.

DATE May 15, 2026

ROBERT R. REED, J.S.C.

Robert R. Reed, J.