Phillips Auctioneers LLC v. Grosso

Phillips Auctioneers LLC v Grosso 2025 NY Slip Op 30564(U) February 19, 2025 Supreme Court, New York County Docket Number: Index No. 651782/2020 Judge: Andrea Masley Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service.

This opinion is uncorrected and not selected for official publication.

INDEX NO. 651782/2020 NYSCEF DOC. NO. 237 RECEIVED NYSCEF: 02/19/2025

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: COMMERCIAL DIVISION PART 48 -----------------------------------------------------------------------------------X PHILLIPS AUCTIONEERS LLC, INDEX NO. 651782/2020 Plaintiff, MOTION DATE - -v- MOTION SEQ. NO. 008 PIER FRANCO GROSSO, Defendant. DECISION + ORDER ON MOTION -----------------------------------------------------------------------------------X HON. ANDREA MASLEY: The following e-filed documents, listed by NYSCEF document number (Motion 008) 226, 227, 229, 232, 233, 234, 235, 236 ATTORNEY - were read on this motion to/for DISQUALIFY/RELIEVE/SUBSTITUTE/WITHDRAW .

In motion sequence number 008, the Law Office of Richard A. Altman moves to withdraw as counsel for defendant Pier Franco Grosso. Plaintiff Phillips Auctioneers LLC (Phillips) opposes on the grounds that Altman has not established sufficient cause for his withdrawal and permitting withdrawal would prejudice plaintiff with further delay.

Altman asserts two grounds for withdrawal – defendant has not paid substantial legal fees owed and has not cooperated with Altman in complying with court-imposed obligations. (NYSCEF 227, Altman aff ¶ 2.) CPLR 321 (b) (2) provides that an attorney of record may withdraw upon motion with notice to the client of the withdrawing attorney and the attorneys for all other parties in the action. An “attorney must demonstrate that good cause exists to end the relationship with the client, such as by showing an irretrievable breakdown in the relationship or a failure of cooperation by the client.”

(Matter of Cassini, 182 AD3d 13, 40 [2d Dept 2020] [citation omitted].) A failure to communicate is also good cause. (Bok v Werner, 9 AD3d 318, 318 [1st Dept 2004] 651782/2020 PHILLIPS AUCTIONEERS LLC vs. GROSSO, PIER FRANCO Page 1 of 4 Motion No. 008

[citations omitted].) Altman has shown good cause exists to end the attorney-client relationship.

While the court understands plaintiff’s concerns regarding delays, the delay is minimal as the stay expires on February 28, 2025, and the court ordered defendant’s deposition to be taken on March 12, 2025 at 10 a.m. to 4:30 p.m. at 60 Centre Street, Room 242, NY, NY 10007. (NYSCEF 235, Order to Show Cause at 2 [mot. seq. no.

008].) The court also ordered that there will be no adjournment of defendant’s March 12th deposition. (Id.) The remaining discovery schedule is adjusted as follows: Party proponent expert reports shall be completed by April 2, 2025; Rebuttal expert reports shall be completed by April 23, 2025; Expert depositions shall be completed by May 9, 2025; Plaintiff shall file the note of issue/certificate of readiness shall be filed by May 16, 2025 and any motions for summary judgment shall be filed by June 16, 2025.

Accordingly, it is ORDERED that the motion is granted upon meeting the following conditions: ORDERED that the Law Office of Richard A. Altman is directed to serve a copy of this order with notice of entry upon defendant at his last known address by certified mail, return receipt requested and by email, all service to be made within 3 business days, and by posting to the New York State Courts Electronic Filing System (NYSCEF); and it is further ORDERED that if defendant Grosso decides to represent himself, he shall register as a participating party in NYSCEF by February 28, 2025 and inform the court by emailing [email protected]. Grosso is cautioned that if he decides to 651782/2020 PHILLIPS AUCTIONEERS LLC vs. GROSSO, PIER FRANCO Page 2 of 4 Motion No. 008

Altman or defendant inform the court of their request for such a referral within 30 days of the date of this decision and order. Otherwise, such a referral is waived; and it is further ORDERED that the Law Office of Richard A. Altman shall turn over the file pertaining to this case upon the fixing of the value of his services and the payment thereof (Yaron v Yaron, 58 AD2d 752 [1st Dept 1977]) or the posting of a bond for the payment; and it is further ORDERED that this action shall be stayed until February 28, 2025; and it is further

651782/2020 PHILLIPS AUCTIONEERS LLC vs. GROSSO, PIER FRANCO Page 3 of 4 Motion No. 008

ORDERED that Grosso’s deposition shall be taken on March 12, 2025 at 10 a.m.

to 4:30 p.m. at 60 Centre Street, Room 242, NY, NY 10007. No adjournments; and it is further ORDERED that the remaining discovery schedule is adjusted as follows: Party proponent expert reports shall be completed by April 2, 2025; Rebuttal expert reports shall be completed by April 23, 2025; Expert depositions shall be completed by May 9, 2025; Plaintiff shall file the note of issue/certificate of readiness shall be filed by May 16, 2025 and any motions for summary judgment shall be filed by June 16, 2025.

2/19/2025 DATE ANDREA MASLEY, J.S.C. CHECK ONE: CASE DISPOSED X NON-FINAL DISPOSITION

□ X GRANTED DENIED GRANTED IN PART OTHER APPLICATION: SETTLE ORDER SUBMIT ORDER

□ CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE

651782/2020 PHILLIPS AUCTIONEERS LLC vs. GROSSO, PIER FRANCO Page 4 of 4 Motion No. 008