Saturday, December 16, 2023

Woman Sued Con Ed But Lawyer Withdrew Now She's Made It To Trial In SDNY


By Matthew Russell Lee, Patreon

SDNY COURTHOUSE, Dec 13 – Emily Penzo sued Con Edison for discrimination against her on health grounds, and retaliation when she complained.

Then her lawyer moved to withdraw - and got it granted.

 On January 12, 2021 U.S. District Court for the Southern District of New York Judge Mary Kay Vyskocil held a proceeding. Inner City Press covered it.

The lawyer, Laine Armstrong, complained about Penzo not assisting or agreeing, noting that a contingency retainer agreement had been signed.

Penzo said she had been shocked by the motion to withdraw, and that the entry of a lien will make it more difficult for her to get another lawyer. Judge Vyskocil asked why Penzo had not spoken with Armstrong in two weeks.

 Con Ed's lawyer said he is on vacation, so the delay is without objection.

 Then on January 13, 2021 this: "ORDER GRANTING MOTION TO WITHDRAW granting [45] MOTION for Laine Alida Armstrong to Withdraw as Attorney. Based on the foregoing, the Court GRANTS AFJ-CA's motion to withdraw, including a finding that AFJ-CA is entitled to a charging lien, but reserves decision on the amount of the charging lien."

Jump cut to December 13, 2023 - Penzo was on the witness stand being cross examined by Con Ed. Her case had made it to trial. The Con Ed lawyer dug into her trying to go to a $2000 training course at Fordham, nixed by Elissa Seidman. She made it to trial...

The case is Penzo v. Consolidated Edison Company of New York, Inc., 19-cv-7478 (Vyskocil)

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