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Honeedew Investing LLC v. Abadi

Court Grants Defense Counsel's Motion to Withdraw Under Defendant's Instruction

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OPINION & ORDER On May 18, 2022, Defendant Jose Abadi instructed its counsel, Liston Abramson LLP (“LA”), to file a motion to withdraw as counsel because Abadi, due to his advanced age and limited financial resources, no longer wanted to participate in the suit and effectively intended to default. See ECF No. 52 at 2. At Defendant’s direction, counsel filed the instant motion, seeking an order permitting its withdrawal. See ECF Nos. 51-52. For the following reasons, the motion to withdraw is GRANTED. BACKGROUND On September 26, 2019, Plaintiff Honeedew Investing LLC (“Honeedew”) brought this action against Defendant pursuant to Article 10 of New York Debtor and Creditor Law to set aside allegedly fraudulent conveyances to Defendant initiated by non-party judgment debtors Carlos Abadi and/or Barbara Abadi. See Compl. 1, ECF No. 1; Am. Compl. 1, ECF No. 43. Plaintiff alleges that the conveyances were made without consideration and with the intent of concealing the transferred assets so that they could not be subject to Plaintiff’s outstanding state court judgment against the non-party judgment debtors. See Compl. 2; Am. Compl. 2. Plaintiff seeks, among other relief, a court order: (1) setting aside the conveyances; (2) disregarding the conveyances and attaching or levying execution upon the property conveyed; and/or (3) awarding Plaintiff a money judgment in the amount of the conveyances Defendant received. See Compl.

29, 39, 44; Am. Compl.

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