College Diamond Fund Inc. v. Davis

Background

College Diamond Fund Inc. filed an action seeking quiet title, which is a court determination of ownership rights, and appointment of a receiver for property at 1023 College Avenue in the Bronx. The company alleges that it owns a 50% interest in the property and that Robert Davis, acting for the Estate of Lloyd Davis, owns the other 50%. It also alleges that unnamed occupants are unlawfully residing there, have damaged the property, prevented access, and engaged in criminal activity.

The plaintiff seeks title-related relief, sale of the property, removal of the occupants, and other relief under New York’s Real Property Actions and Proceedings Law. It separately moved to appoint a receiver to safeguard the property while the case continues. The court entered an order to show cause with emergency relief on June 25, 2024.

Request for Volunteer Counsel

Michael Best and Robert Davis appeared and filed answers. At a status conference on August 22, 2024, they requested assistance from volunteer counsel. The court explained that federal law allows a court to request an attorney for a person unable to afford counsel, but does not require the court to provide counsel in a civil case. The court also stated that it may request, but cannot compel, an attorney to volunteer and that courts have no funds to pay attorneys in civil matters.

Order

The court directed the Clerk of Court to seek pro bono counsel for Michael Best and Robert Davis. Any representation would be limited to responding to the plaintiff’s motion to appoint a receiver and addressing settlement. Counsel would have no obligations beyond those matters. The defendants’ deadline to respond to the plaintiff’s reply supporting the receiver motion was extended without a set date while the court sought volunteer assistance.

The order states that volunteer counsel may seek reimbursement for certain out-of-pocket expenses under the court’s Pro Bono Fund. Representation would end when counsel filed a Notice of Completion. The court emphasized that there was no guarantee that a lawyer would volunteer in time and that any volunteering attorney would contact the defendants directly.

Disposition and Effect

The court did not decide the plaintiff’s claims, the receiver motion, ownership of the property, or the merits of settlement. It directed the clerk to attempt to locate volunteer counsel for Michael Best and Robert Davis for the limited purposes stated in the order.