MISEK-FALKOFF v. METROPOLITAN TRANSIT AUTHORITY


65 A.D.3d 576 (2009)

883 N.Y.S.2d 722

LINDA D. MISEK-FALKOFF et al., Appellants, v. METROPOLITAN TRANSIT AUTHORITY et al., Defendants. DUBOW, SMITH & MAROTHY, Nonparty Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided August 11, 2009.


Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in granting the motion of nonparty Dubow, Smith & Marothy, in effect, for leave to withdraw as the plaintiffs' counsel. A lawyer may withdraw from representing a client if the client's conduct "renders it unreasonably difficult for the lawyer to carry out employment effectively" (Code of Professional Responsibility DR 2-110 [c] [1] [iv] [22 NYCRR 1200.15 (c)...

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