Legal Opinion

Benefield v. City of New York

New York Supreme Court

Decided December 1, 2006PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Paul A. Victor, J.

Relief Sought

Plaintiffs counsel seeks to withdraw his representation of the plaintiff. The motion is denied for the reasons which follow.

*604An Issue of Practical Significance and Public Importance

What notice and due process obligations should be imposed upon an attorney seeking to withdraw as counsel under CPLR 321 (b) (2)?

Background

Under the IAS system in effect today, the court takes a proactive approach in moving pending cases toward final disposition. Those cases which are not placed on the trial calendar by the filing of a note of issue are placed on a…

2Cases cited12 opinions

  1. Dunn v. Hudson River Electric Co.New York Court of Appeals · 1912
  2. Bucaro v. Keegan, Keegan, Hecker & Tully, P. C.New York Supreme Court · 1984
  3. Galvano v. GalvanoAppellate Division of the Supreme Court of the State of New York · 1993
  4. New York State Higher Education Services Corp. v. KaplanAppellate Division of the Supreme Court of the State of New York · 1999
  5. Bok v. WernerAppellate Division of the Supreme Court of the State of New York · 2004

7 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Frenchman v. Queller, Fisher, Dienst, Serrins, Washor & Kool, LLPNew York Supreme Court · 2009
  2. MC v. GCNew York Supreme Court · 2009
  3. Ceitlin v. City of New YorkNew York Supreme Court · 2007

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