Opinion
2003-02164.
Decided March 15, 2004.
In a medical malpractice action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Westchester County, (Nicolai, J.), dated February 11, 2003, which granted the motion of the nonparty-respondent for leave to withdraw as their counsel.
Tondalaya Walker and Cooper Walker, Mount Vernon, N.Y., appellants pro se.
Peter E. Tangredi Associates, White Plains, N.Y. (Elizabeth Tangredi of counsel), nonparty-respondent pro se.
Before: SONDRA MILLER, J.P., THOMAS A. ADAMS, SANDRA L. TOWNES, JJ., DANIEL F. LUCIANO
DECISION ORDER
ORDERED that the order is affirmed, with costs.
Pursuant to Disciplinary Rule 2-110 of the Code of Professional Responsibility DR 2-110 ( see 22 NYCRR 1200.15) a lawyer may withdraw from representing a client if the client insists upon presenting a claim or defense that is not warranted under existing law and cannot be supported by good faith argument for an extension, modification, or reversal of existing law ( see 22 NYCRR 1200.15[c][1][i]). Additionally, a lawyer may withdraw from representing a client if the client, by his or her conduct, "renders it unreasonably difficult for the lawyer to carry out employment effectively" ( 22 NYCRR 1200.15[c][1][iv]). Contrary to the plaintiffs' contentions, the nonparty-respondent demonstrated good cause in support of its motion for leave to withdraw as counsel ( see Winters v. Rise Steel Erection Corp., 231 A.D.2d 626; Sansiviero v. Sanders, 117 A.D.2d 794). Thus, the Supreme Court providently exercised its discretion in permitting it to withdraw from further representation of the plaintiffs ( see Positano v. Maimonides Med. Cent., 238 A.D.2d 560; see also Klagsbrun v. Klagsbrun, 192 A.D.2d 306; Bankers Trust Co. v. Hogan, 187 A.D.2d 305).
S. MILLER, J.P., LUCIANO, ADAMS and TOWNES, JJ., concur.