Wells Fargo Bank v. 130 Bowery Acquisition LLC
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
- Louis Stanton
- 1:22-cv-00878
- U.S. District Court · Southern District of New York
- 5
Wells Fargo v. 130 Bowery Acquisition, Judge Stanton, concerns a motion seeking counsel’s withdrawal for Michael and David Marvisi and a 30-day stay.
The motion directly concerns Michael Marvisi and David Marvisi, their lawyers, and the continuation of the case against the defendants. The requested 30-day stay would affect the case’s proceedings.
What happened
In Wells Fargo Bank, National Association v. 130 Bowery Acquisition LLC, the law firm representing Michael Marvisi and David Marvisi said a conflict arose after it was hired to handle 130 Bowery’s bankruptcy-related property sale.
The firm asked to stop representing Michael and David Marvisi and to pause the case for 30 days so they could find new lawyers. The declaration said neither individual objected and that the firm was not claiming a lien in this case.
The provided materials do not include a ruling on the motion. They show the application and supporting declaration; Judge Stanton’s disposition is not stated.
The detailed version
- Wells Fargo Bank v. 130 Bowery Acquisition LLC · No. 1:22-cv-00878
- Louis Stanton
- Nov. 2, 2023
What the filing concerns
The provided text is a notice of motion and declaration, not a decision resolving the motion. The Law Offices of Fred L. Seeman, including Fred L. Seeman and Peter Kirwin, asked to withdraw as counsel for Michael Marvisi and David Marvisi. The filing also requested a 30-day pause in the case so those defendants could retain new counsel.
Reasons given for withdrawal
Fred Seeman’s declaration says the firm represented 130 Bowery Acquisition LLC and the Marvisi defendants in other matters. After this lawsuit began, 130 Bowery filed for Chapter 11 bankruptcy. The firm was then retained to handle the sale of property identified as 130 Bowery Street in Manhattan. The declaration says the firm negotiated and prepared a $26 million sale contract that the bankruptcy court approved, with the closing expected within 30 days.
The firm stated that its work for 130 Bowery in the property sale created a conflict with its representation of Michael and David Marvisi individually in this case. It also said bankruptcy counsel advised that the sale would not be approved by the United States Trustee unless the firm withdrew from representing the Marvisi defendants here. According to the declaration, neither Michael nor David Marvisi objected to the withdrawal.
Requested relief and current status
The filing relied on Southern District of New York Local Civil Rule 1.4, which requires court permission for an attorney of record to withdraw. The firm stated that it was not asserting a retaining or charging lien in this case and intended to seek approval of its fees in the bankruptcy court. It also stated that the court had previously permitted the firm to make this withdrawal application after a pre-motion request.
The requested relief was an order relieving the firm, Fred Seeman, and Peter Kirwin as counsel for Michael and David Marvisi, staying proceedings for 30 days, and granting other appropriate relief. The materials provided do not state whether Judge Louis Stanton granted, denied, or otherwise decided the motion.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.