Wells Fargo Bank, National Association, as Trustee for the Benefit of the Registered Holders of CCUBS Commercial Mortgage Trust 2017-C1, Commercial Mortgage Pass-Through Certificates, Series 2017-C1, v. 130 Bowery Acquisition LLC et al

Filing 47

MEMO ENDORSEMENT granting 46 Motion to Withdraw as Attorney. ; granting 46 Motion to Stay re: 46 MOTION for Fred L. Seeman, Esq. to Withdraw as Attorney for David Marvisi and Michael Marvisi. MOTION to Stay . ENDORSEMENT: Granted. and So Ordered.. (Signed by Judge Louis L. Stanton on 11/2/2023) (rro)

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1:22-cv-00878-LLS Document 46 Filed 11/01/23 Page 1 of 1

UNITED STATES DISTRICT COURT
SOUTHEN DISTRICT OF NEW YORI<
------------------------------------------------------------------------X

WELLS FARGO BANK, NATIONAL
ASSOCIATION, AS TRUSTEE FOR THE BENEFIT
OF THE REGISTERED HOLDERS OF CCUBS
COMMERCIAL MORTGAGE TRUST 2017-Cl,
COMMERCIAL MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2017-C, acting by and
through its special servicer, Midland Loan Services,
a Division of PNC Bank National Association, as
Special Servicer under the Pooling and Servicing
Agreement dated as of November 1, 2017

Case No.: 1:22-cv-00878-LLS

NOTICE OF MOTION FOR
LEAVE T O WITHDRAW
AS COUNSEL

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Plaintiff,
-against-

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130 BOWERY ACQUISITION LLC, MICHAEL
MARVIS!; DAVID MARVIS!; NEW YORK CITY
D EPARTMENT OF FINANCE: NEW YORK CITY
DEPARTMENT OF TRANSPORTATION; and "JOHN:
D OE" No. 1 THROUGH "JOHN DOE" NO. 100

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------------------------------------------------------------------------X

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Defendants.

PLEASE TAKE NOTICE, that upon the annexed D eclaration of Fred L. Seeman, Esq., dated
November 1, 2023, and upon all of the prior pleadings and proceedings had herein, The Law Offices of Fred L.
Seeman, including Fred L. Seeman, Esq., and Peter Kirwin, Esq., move this Court at the United States District
Courthouse, 500 Pearl Street, New York, New York 10007, at a date and time to be determined by the Court,
for an Order as follows:
1.

Relieving the Law Offices of Fred L. Seeman, Fred L. Seeman, Esq., and Peter Kirwin Esq., as
counsel of record for Defendants, Michael Marvisi and D avid Marvisi, pursuant to Local Civil Rule
1.4 of the Local Rules of the United States District Courts for the Southern and Eastern Districts of
New York, and the discretion of the Court; and

2.

Staying further proceedings of this matter for thirty (30) days to afford Defendants a reasonable
opportunity to retain new counsel; and

3.

Granting such other and further relief as the Court deems just and proper.

D ated: New York, New York
November 1, 2023

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Isl Fred L Seeman
The Law Offices of Fred L. Seeman
Fred L. Seeman, Esq.
Attorneys for 130 Bo1very Acquisition LLC, Michael
Marvisi and David Marvisi
32 Broadway, Suite 1214
New York, New York 10004
Tel: [phone]

Case 1:22-cv-00878-LLS Document 46-1 Filed 11/01/23 Page 1 of 4

UNITED STATES DISTRICT COURT
SOUTHEN DISTRICT OF NEW YORI<
----------------------------------------------------------------------------X
WELLS FARGO BANK, NATIONAL
ASSOCIATION, AS TRUSTEE FOR THE BENEFIT
: Case No.: 1:22-cv-00878-LLS
OF THE REGISTERED HOLD E RS OF CCUBS
COMMERCIAL MORTGAGE TRUST 2017-Cl,
COMMERCIAL MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2017-C, acting by and
through its special servicer, Midland Loan Services,
a Division of PNC Bank National Association, as
Special Servicer under the Pooling and Servicing
DECLARATION OF
Agreement dated as of November 1, 2017
FRED L. SEEMAN
Plaintiff,
-against130 BOWERY ACQUISITION LLC, MICHAEL
MARVIS!; D AVID MARVIS!; NEW YORK CITY
D EPARTMENT OF FINANCE: NEW YORK CITY
DEPARTMENT OF TRANSPORTATION; and "JOHN
DOE" No. 1 THROUGH "JOHN D OE" NO. 100
D efendants.
----------------------------------------------------------------------------X
I, Fred L. Seeman, hereby declare the following under penalty of perjury:
1.

I am the attorney for the D efendants, 130 Bowery Acquisition LLC, Michael Marvisi and David
Marvisi in the above-captioned action. As such, I am fully familiar with the facts and
circumstances set forth herein.

2.

I submit this declaration, pursuant to Local Civil Rule 1.4, in support of the application of The
Law Offices of Fred L Seeman, including Fred L. Seeman, Esq. and Peter Kirwin Esq., to
withdraw as counsel of record for Defendants, Michael Marvisi and David Marvisi (hereinafter
the "Marvisi D efendants'') .

1

Case 1:22-cv-00878-LLS Document 46-1 Filed 11/01/23 Page 2 of 4

BACKGROUND
3.

On May 2, 2022, Peter Kirwin and I first appeared on behalf of the Marvisi Defendants.

4.

The Law Offices of Fred L. Seeman's representation in this matter grew out of its representation
of 130 Bowery Acquisition LLC (hereinafter "130 Bowery") and the Marvisi D efendants in other
litigations and real estate transactions in the past several years.

5.

The Marvisi Defendants are the principals of 130 Bowery.

6.

In this matter and others, our firm has represented the Marvisi Defendants and advocated for
their interests.

7.

Following the commencement of this action, 130 Bowery filed for Chapter 11 Bankruptcy on or
about August 12, 2022. SE In re 130 Bowery Acquisition LLC. Case N o. 22-11109 (hereinafter the
"Bankruptcy Proceeding'').

8.

Within the context of the Bankruptcy Proceeding, the D ebtor, 130 Bowery, is seeking Court
approval for the sale of the real property commonly known as 130 Bowery Street in Manhattan
(hereinafter the "Property").

9.

Our firm was retained to effectuate said sale, which will lead to the resolution of the Bankruptcy
Proceeding.

10.

Indeed, in connection with this retention, we negotiated and prepared the Contract of Sale, which
calls for the sale of the Property for twenty-six million dollars, and which has been approved b y

the Bankruptcy Court.
11 .

The closing for the Property is now expected to occur within thirty (30) days.

12.

As a result, there now exists a conflict of interest with respect to our firm's representation of 130
Bowery in the sale of the Property, and our firm's representation of the Marvisi Defendants, in
their individual capacities, in this action.

2

Case 1:22-cv-00878-LLS Document 46-1 Filed 11/01/23 Page 3 of 4

13.

Moreover, the Debtor's counsel has advised that the closing of the sale of the Property will not
be approved by the U.S. Trustee absent our firm's withdrawal as counsel of record for the Marvisi
D efendants in this action.

14.

Within the last week, I have spoken and, or, corresponded with each of the Marvisi D efendants
regarding this conflict that now exists by virtue of our representation of 130 Bowery in the sale
of the Property.

15.

Neither Michael Marvisi, nor D avid Marvisi, have voiced an objection to our withdrawal as their
counsel.

16.

Moreover, on September 20, 2023, our firm sought a pre-motion conference to address this
application. See, Dkt. No. 44.

17.

Inasmuch as there was no objection, the Court, by order dated October 26, 2023, granted our
firm permission to seek to withdraw as counsel for the Marvisi D efendants. See, Dkt. No. 45.

18.

This application followed

APPLICATION TO WITHDRAW SHOULD BE GRANTED
19.

Pursuant to Local Civil Rule 1.4:
An attorney who has appeared as attorney of record for a party may be
relieved or displaced only by order of the Court and may not withdraw
from a case without leave of the Court granted by order. Such an order
may be granted only upon a showing by affidavit or otherwise of
satisfactory reasons for withdrawal or displacement and the posture of the

case, including its position, if any, on the calendar, and whether or not the
attorney is asserting a retaining or charging lien. All applications to
withdraw must be served upon the client and (unless excused by the
Court) upon all other parties.
20.

Caselaw is clear that "[i]n determining the motion, the Court considers both the reasons for
withdrawal and the impact of the withdrawal on the timing of the proceeding." Farmer v. Hyde
Your Eyes Optical, Inc., 60 F.Supp.3d 441,444 (S.D.N .Y. 2014) .

3

Case 1:22-cv-00878-LLS Document 46-1 Filed 11/01/23 Page 4 of 4

21.

Pursuant to Rule 1.16 of the Rules of Professional Conduct, a lawyer may withdraw as counsel
where, as here, "withdrawal can be accomplished without material adverse effect on the interests
of the client". See, 22 NYCRR 1200.1.16(c)(1).

22.

It is respectfully submitted that the Marvisi D efendants will not be prejudiced by our firm's
withdrawal as counsel inasmuch as each of the Marvisi Defendants will be free to retain new
counsel, with undivided, unconflicted loyalties, to the extent that any claims remain following the
sale of the Property and the resolution of the Bankruptcy Proceeding.

23.

Our firm is not asserting a retaining or charging lien on this action inasmuch as we intend to file
an application with the Bankruptcy Court for the approval of our fees.

24.

No prior application has been made for the relief requested herein.

WHEREFORE, The Law Offices of Fred L. Seeman respectfully requests that the Court relieve
The Law Offices of Fred L. Seeman, including Fred L. Seeman, Esq. and Peter Kirwin, Esq., as counsel
of record for the D efendants, Michael Marvisi and D avid Marvisi, and stay proceedings in this matter for
thirty (30) days to afford said Defendants a reasonable opportunity to obtain new counsel, together with
such other and further relief as the Court deems just and proper.
D ated: New York, New York
November 1, 2023

Isl Fred L. Seeman
Fred L. Seeman, Esq.

4