Kaufman v. Kaufman

Order, Supreme Court, New York County (Laura E. Drager, J.), entered March 18, 2009, which, to the extent appealed from, denied the nonparty’s motion for leave to withdraw as plaintiffs counsel for nonpayment of attorney’s fees and for judgment against plaintiff in the amount of $167,273.61, unanimously affirmed, without costs.

In this matrimonial action, the contractual provision in the retainer agreement that purports to authorize counsel to withdraw upon nonpayment of fees does not vitiate the procedural requirements of CFLR 321 (b), nor does it deprive the court of its traditional…