Category Archives: Trusts & Estates

May Court Entertain Application to Withdraw As Counsel?

Chernyy Law Office, P.C.  submitted a proposed order to show cause to bring on a motion for leave to withdraw as attorney for plaintiff, Rose Edwards. The affirmation in support of Borislav Chernyy, Esq., alleged that the underlying action was for money damages to compensate Edwards and others for injuries sustained in a motor vehicle accident on February 23, 2018. He alleged further:

6. The last time your affiant had contact with the Plaintiff, ROSE EDWARDS, was by telephone on July 19, 2021. Since July 2021, your affiant underwent multiple attempts to contact the Plaintiff, ROSE EDWARDS, but your affiant’s office has not been able to reach the Plaintiff. Upon information and belief your affiant was informed that Plaintiff, ROSE EDWARDS, passed away. Your affiant does not have any knowledge regarding Plaintiff’s, ROSE EDWARDS, date of death and place of death because said information was obtained from his friends. Your affiant’s investigator conducted an investigation in order to obtain Plaintiff’s, ROSE EDWARDS, death certificate or Plaintiff’s, ROSE EDWARDS, location of death but he has not been able to locate a death certificate and the location of death for Plaintiff, ROSE EDWARDS, or verify that in fact Plaintiff, ROSE EDWARDS, passed away.

Was Dismissal Warranted Based Upon the Statute of Frauds?

Jose  Padilla was employed as a doorman in a residential building where James Clayton Larmett (decedent) and his late wife Linda lived. Padilla alleged that he knew the couple for approximately twenty-eight years and became close with them through regularly assisting them with day-to-day affairs and caring for their pets. After Linda Larmett passed away in 2016, Padilla alleged that he cared for Larmett, would sleep over in his apartment, assist in finding appropriate aid to care for him, was designated as his health care proxy and was given a power of attorney to better help James with his needs.