Zanani v Scott Seidler Family Trust

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Zanani v Scott Seidler Family Trust 2021 NY Slip Op 32200(U) November 4, 2021 Supreme Court, New York County Docket Number: Index No. 156268/2021 Judge: Frank P. Nervo Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. [* 1] INDEX NO. 156268/2021 .'- NYSCEF DOC. NO. 78 ..•. RECEIVED NYSCEF: 11/08/2021 SUPREME COURT COURT OF OFTHE STATE OF NEW NEW YO,RK THE STATE SUPREME NEW YORK COUNTY YORK COUNTY NEW PRESENT: PRESENT: 04 PART PART HON. FRANK FRANK NERVO NERVO HON. Justice Justice ---------------------- -------------~----___________________________________________________ .1__ --------------------------- X -----X INDEX NO. NO. INDEX DORON ZANANI, ZANANI, DORON MOTION DATE DATE MOTION Plaintiff, Plaintiff, MOTION SEQ. SEQ. NO. NO. MOTION - v·-vSCOTT SEIDLER SEIDLER FAMIL FAMILYy TRUST, TRUST, STEPHANIE STEPHANIE SEIDLER SEIDLER scorr FAMILY TRUST, TRUST, STEVEN STEVEN SEIDLER SEIDLER FAMILY 156268/2021 156268/2021 07/30/2021, 07/30/2021, 09/30/2021 09/30/2021 001 002 DECISION + ORDER ORDER ON DECISION MOTION MOTION Defendant. Defendant. ---------------------------------------;----------------"-------~----------------X -----------------'-----X The following following e-filed e-filed documents, documents, listed listed by NYSCEF NYSCEF document document number number (Motion (Motion 001) 001) 2, 9; 10, 11, 12, 13, The 39,40,41,42,43,44,45, 14,15,16,17,18, 31,33,34,3~ 39,40,41,42,43,44,45, 19,20,21,22,23,24,25,26, 27,28,29,30, 31,33,34,38, 15, 16, 17, 18, 19,20,21,22,23,24,25,26,27,28,29,30, 14, 46,47,48,51,60 46,47,48, 51,60 were read read on this this motion motion to/for to/for · were ./ JUDGMENT - MONEY MONEY JUDGMENT The following following e-filed e-filed documents, documents, listed listed by NYSCEF NYSCEF document document number number (Motion (Motion 002) 002) 35, 36, 37, 49, 50, The 52,53,54,55,56,57,58,59,61,62,63,64,66,67,68,69, 53, 54,55, 56, 57, 58, 59,61,62,63,64,66,67,68, 69, 70, 71, 72, 73 52, LEAVE LEAVE TO TO FILE FILE were read read on this this motion motion to/for to/for were seeks, In this this special special pr~ceeding, proceeding, petitioner-attorney petitioner-attorney seeks, inter inter alia, alia, a money money In matter, As an judgment legal services services rendered defendants. As an initial initial matter, rendered to defendants. to l~gal related to judgment related the Court Court notes notes a number number of of irregularities irregularities in in this this matter. matter. the Initially, the the Court Court notes notes that that the.parties' the"parties' paper~ paper~ fail to comply comply with with the the Initially, Court's Unif(?rm Uniform Rule 202.8-b, requiring requiring an an attorney attorney certify certify the the number number of of Court's , NYCRR §9 202.8-b). words in in their their motio1;moti0r: papers papers does does not not exceed exceed 7,000 (2.2. (22 NYCRR words ( "Page limits limits ort on submissions submissions are appropriate, appropriate, as is the the rejection rejection of of papers papers that that "Page 156268/2021 ZANANI, DORON DORON vs. SCOTT SCOTT SEIDLER SEIDLER FAMILY FAMILY TRUST TRUST ZANANI, 156268/2021 Motion No." No. 001 002 002 Motion 1 of 7 Page 1 of7 of 7 Page [* 2] INDEX NO. 156268/2021 NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 11/08/2021 12988 [2d of Yonkers, fail to comply (Maciasv.v. City City of Yonkers, 65 65 AD3d 129 limits" (Macias those limits" with those comply with certification;.. requisite certification~ Dept All parties provide the requisite have failed to provide parties here have 2009]).' ,All Dept 2009J): months nearly five months ~n effect for nearly The current current Uniform Uniform Rules had been ~neffect The prior sought in on· these rules was sought comment on'these defendants' filings, public comment prior to defendants' Order 270/20, in Administrative Order August 2020, and the rules were published, via Administrative August 2020,and available on the Court's December 2020. 2020. Additiona.lly, the Uniform eireavailable Court's Uniform· Rules are December they were reasonably argue they welJsite. This is not situation where co'unselcart counsel can reasonably not a situation we~site. This applications are caught Consequently, the applications Uniform Rules. Consequently, of'the Uniform unawares orthe caught unawares tocomplx~ith Uniform Rul~s. Rul~s. comply ~ith the Uniform denied for failure to ,, / / ) noncompliant these noncompliant Assuming, Court were to consider consider these that the Court arguendo, that Assuming, arguendo, . action as a this action brought this filings, it notes further Petiti9ner has brought irregularities.• Petiti()ner further irregularities.; .. ' \ justification for The petitioner silent as to the justification peti~ioner is wh~lly silent proceeding. The special proceeding. bringing action as a special proceeding action sounding sounding in pro~eeding as opposed to an action bringing such action retainer various retainer under various payment under contract, despite petitioner petitioner alleging it is due payment contract, Under these contracts former-client-respondents. Under its former-client-respondents. petitioner a'nd its between petitionera"nd contracts between i . i . petition as improperly deny the petition circumstances, Court finds further further basis to deny improperly circumstances, the Court brought,where contract a<;:tion. a<;:tion. remedy at law - a contract adequate remedy petitioner has an adequate brought_where petition~rhas / / TRUST SEIDLER FAMILY 156268/2021 ZANANI, DORON vs.SCOTT FAMILY TRUST vs. SCOTT SEIDLER ZANANI, DORON 156268/2021 Motion 002 No: 001 002 Motion No: 2 of 7 Page 20f 2 of 7 Page [* 3] INDEX NO. 156268/2021 NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 11/08/2021 JJ rendered in t~ree The petition seeks to recover atto~ney' ss f~es for services services rendered t~ree recover atto~ney' petition seeks The Court (506543/2014 [sic]; County Supreme separate lawsuits Supreme Court [sic]; Kings County in Kings lawsuits in separate reveals that matters reveals these matters review of 510008/2018; and and 518713/2019). 518713/2019). The The Court's Court's review of these that 510008/2018; and was settled 2019 action was the 2019action and the pending, and the settled and and pending, active and action·remains active 2018 action"remains the 2018 discontinued/ ·. discontinued.1 plenary action, Of the av~ilable to a discharged discharged attorney, attorney, plenary action, remedies av~ilable three remedies the three Of matter. this matter. in this issue in two are at issue charging lien, and retaining retairiing lien, first two the first only the lien, only lien, and charging value of reasonable value An action in quantum quantum merit, of legal legal services services the reasonable recover the merit, to recover An action rendered, accrues accrues upon upon the the attorney's attorney's discharge and is enforceable enforceable against against all of of discharge and rendered, er AD2d 218 Potter v. Gelmin, the client's assets assets (Butler, (Butler, Fitzgerald Gelmin, 235 235AD2d 218 [1st Dept Dept Fitzgerald 0 Potter the client's lien 1997]). ]). However, However, where where a' a'discharged attorney seeks seeks a charging charging lien pursuant pursuant to ·. ' discharged attorney 1997 . . .. " rendered, value of reasonable value Judiciary law § ~ 475, of legal legal services services rendered, the reasonable rec'ov:er the 475, to rec'ov:er Judiciary law such remedy remedy is not not immediate immediate enforceable enforceable (id.). (id.). Put· Put' simply, simply, an an attorney attorney who who such to 3:.n not entitled 475 is not Law§~475is has a charging charging lien lien pursuant entitled to~n Judici~ry Law pursuant to Judici~ry immediate judgment. Instead, such such attorney attorney may may have have the the amount amount of of the the lien lien judgment. Instead, ·. immediate rendered the services matter and underlying matter fixed prior outcome of of the and if if the services rendered the underlying the outcome prior to the fixed attorney i:nust were contingent contingent on on a: a;successful outcome, the the attorney must wait wait until until a successful outcome, were unable in unable Court in this Court and this 2014:~atter, and the 2014'~atter, Petitioner number for the ind~x number incorrect ind~x an incorrect provided an Petitioner provided Consequently, the to search search for for such such matter matter given given only only a partial partial caption. caption. Consequently, the disposition disposition of of the the 2014 matter this Court.· Court ... •~~. · c C unknown to this matter is unknown 2014 1 I TRUST SEIDLER FAMILY SCOTT SEIDLER vs. SCOTT 156268/2021 ZANANI, DORON VS. FAMILY TRUST ZANANI, DORON 156268/2021 ·. Motion No. 001 002 Motion 3 of 7 Page 3 of of 7 Page 0 [* 4] INDEX NO. 156268/2021 NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 11/08/2021 resolution of the matter matter before seeking to enforce his or her lien (id). successful resolution (id). "Unlike [a plenary plenary action], action], th~ charging charging lien does not provide "Unlike provide for an immediately enforceable judgment former client. All it immediately judgment against all assets of the former provides to the discharged discharged attorney attorney is security security against a single single asset of the client, provides i.e., any judgment settlement reached reached in favor of the former former client client in the i.e., judgment or settlement '" actionin which which the discharged discharged attorney attorney was was.formerly attorney of of record" actionin formerly attorney record"·. [emphasis in original]). original]). [emphasis Stated differently,' differently; a "law firm is not entitled entitled to a money money judgment Stated judgment against defendant, defendant, its former former client, on a motion motion pursuant pursuant to J udiciai:y udicia~y Law ~ against § which does not provide for an immediately immediately enforceable judgment" 475 ... which judgment" (Bernard v. De Rham, 161AD3d 686 [1st [1st Dept 2018]). 2018]). "To "To obtain obtain a money (Bernard Rham, 161 AD3d 686 money a judgment, must,commence~ plenary plenary action" (id.). However, in judgment, the law firm must-commence (id.). However, bringing such plenary plenary action, the law firrn must must disclose the prior prior related bringing related request for judicial interven'tion, so that that the Court Court rriay may actions in its request_ judicial interven'tion, administratively assign the subsequent subsequent action to the jurist familiar with administratively jurist familiar with the prior underlying underlying matter. matter. Put simply, judicial economy economy is not served by prior litigating a fact-specific fee-dispute in one county county while the underlying underlying matter litigating matter remains pending pending before a jurist oEco-ordlnate jurisdiction another county. remains jurist ofco-ordi.nate jurisdiction in another county. 156268/2021 ZANANI, DORON DORON vs. VS, SCOTT SCOTT SEIDLER SEIDLER FAMILY FAMILY TRUST. TRUST. 156268/2021 ZANANI, Motion No. No. 001 002 002 Motion 4 of 7 Page 4 of of 7 Page -I INDEX NO. 156268/2021~, [* 5] NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 11/08/2021 action, plenary action, part, as a plenary in part, brought, in Here, purportedly brought, although purportedly Here, although causes five causes states five and states liens and charging liens alleged charging petitioner related to alleged relief related seeks relief also seeks petitioner also judgment, declaratory judgment, stated, declaratory account stated, contract, account of of contract, breach of identified as: breach action identified of action distinguish ed not distinguished has not Petitioner has meruit. Petitioner unjust quantti~ meruit. and quantti~ enrichment , and unjust enrichment, relief as aa separate relief seeking separate those seeking from those claims liens from charging liens any charging related to any claims related s~me the same recover the seeking to recover duplicative seeking plenary p~tition is duplicative the p~tition best, the At best, actio~. At plenary actio~. fees as a charging and lien and charging lien action. aa plenary plenary action. that extent that the extent to the event, to any event, In any In .. for a charging available for not available relief is not such relief petitioner charging judgment, such declaratory judgment, seeks declaratory petitioner seeks remain sub matters remain the ~nderlying matters while theu'nderlying lien sub 475 while Law§~ 475 Judiciary Law to Judiciary pursuant to lien pursuant er 218 235 AD2d 218 v. Gelmin, 235AD2d Potter ~.-Gelmin, judice (Butler, Fitzgerald Fitzgerald 0 Potter judgment (Butler, without judgment judice or without 2018]). This Dept 2018J). AD3d 686 [1st DeRham, 16i [1st Dept 1997J; 161AD3d [1St Dept This vi DeRham, Bernard v~ ]; see also Bernard Dept 1997 reveals at least matters reveals underlying matters the underlying Court's search search of of the least one one records in the the records Cou·rt's ). No. 510008/2018 Index. No. matter active and and pending 510008/2018). NYSCEF Index. pending (see NYSCEF remains active matter remains execute a stipulation refusal to execute Petitioner stipulation respondent s' refusal of respondents' much of makes much Petitioner makes is bey~nd It isbey~nd at,- 119). No. 1I at, Doc: No. "recognizing"g" its charging lien (NYSCE-F 119). It (NYSCEF Doc~ charging lien "recognizin in irrelevant in entirely irrelevant argument stipulate is entirely refusal to stipulate respondent 's refusal that respondent's argument that liens charging liens the charging F~rthermor e, the addressi~g matter._ F~rthermore, this matter., in this raised in issues_ raised the issues addressi~g the and fixed and been fixed not been have not matter have this matter in this petitioner enforce in seeks to enforce purportedly seeks petitioner purportedly .. f;f . ' ' that· as that. matters as underlying matters the underlying heard the should which heard Court which the Court before the fixed before should be fixed TRUST SEIDLER FAMILY SCOTT SEIDLER 156268/2021 ZANANI, DORON VS. FAMILY TRUST vs. SCOTT ZANANI, DORON 156268/2021 · 002 No. 001 002 Motion Motion No. 5 of 7 Page of 7 Page 5 of [* 6] INDEX NO. 156268/2021 NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 11/08/2021 Hudson Court underlying facts (see e.g. Hudson with the underlying familiar with Court is familiar i.J. iJ. Ce~ter Kook Ce~ter Hahn Kook Hahn present answer present n and answer The·p.etitio 2016]). The'p~etition (USA), 136AD3d Dept Dept 2016J). [1st 459 [1st AD3d 459 (USA), Inc., 136 , . , otherwise malpractice or otherwise committed malpractice issues of petitioner committed of fact as to whether. petitioner proper services; failed to render render proper Accordingly, Accordingl y, it is the· with the' comply with for/ailure' ORDERED ,failure' to comply motion is denied for that the motion ORDERED that further Uniform Uniform Rules; and it is further improp·erly prejudice as improp'erly without prejudice ORDERED dismissed without matte.r is dismissed ORDER.ED the matte,r further brought brought as a special proceeding; and it is further amount of any petitioner seeks to have the amount extent petitioner that to the extent ORDERED that .,ORDERED heard the which heard Court which brought in Court charging must be brought relief must fixed, such relief charging liens fixed, as_, matters as, underlying matters underlying'matters identify the underlying petition~r shall identify underlying 'matters and petition~r . , ) )'" ' . . , ' interventio ns and judicial interventions related subsequent requests for judicial matters in any subsequent related matters further applications application s seeking same; and it is further dismissed as petition is dismissed ORDERED holding, the petition alt~rnative holding, ari alt~rnative that as an ORDERED that pending before matters pending improperly charging liens fixed in open matters improperly seeking to have charging TRUST FAMILY TRUST SEIDLER FAMILY SCOTT SEIDLER vs. SCOTT 156268/2021 ZANANI, DORON VS. ZANANI, DORON 156268/2021 002 Motion 001 002 No. 001 Motion No. 6 of 7 of 7 Page Page 6 of [* 7] ..NYSCEF .. INDEX NO. 156268/2021 DOC. NO. 78 RECEIVED NYSCEF: 11/08/2021 ' the with the familia r with county familiar anothe r county jur-isdi ction in another co-ord inate jur.isdiction jurist of co-ordinate aa jurist chargin g lien; and it is further underlying further underl ying facts giving rise to the charging sed petitio n is dismis holdih g, the petition ORDERED dismissed. ~lterna tive holdihg, that as a second alternative RED that ORDE \\ retaine r ng liens, retainer under chargi as improp improperly intermixing charging payme nt under ixing claims for payment erly interm as claims ; separat e- said claims; cannot separate"said Court cannot contracts, quantum that this Court meriut such that m meriut and quantu ts, and contrac and it is further further II -- ORDERED sequence ce motion sequen that motion RED that ORDE 002. ing; ic, given the forego academic, foregoing; is academ further and it is further I. . . herein has addres sed herein ORDERED relief not addressed request ed_ relief that any requested ORDE RED that nevertheless considered denied.. ered and is hereby denied nevert heless been consid TH IIS S TH ORDE ORDER R THE THE CONSTITUTES TITU TES CONS 11/4/2021 DATE DATE CASE DISPOSED DISPOSED CASE CHECK ONE: ONE: CHECK . GRANTED GRANTED 0 0 ~ENIED ~ENIED ~ § NON-FINAL: NON-FINAL THE THE SPOSITION SPOSITION GRANTED IN PART PART GRANTED SUBMIT ORDER SUBMIT ORDER SETTLE ORDER SETTLE ORDER APPLICATION: APPLICATION: CHECK APPROPRIATE: CHECK IF APPROPRIATE: . . OF OF INCLUDES TRANSFER/REASSIGN TRANSFER/REASSIGN INCLUDES ~ TRUST SEIDLER FAMILY vs. SCOTT SEIDLER "156268/2021 ZANANI, DORON DORON vs.SCOTT FAMILY TRUST 21 ZANANI, ·156268/20 Motion No. No. 001 002 002 Motion 7 of 7 . FIDUCIARY APPOINTMENT FIDUCIARY A""OINTMENT COURT T COUR D •D OTHER REFERENCE E REFERENC Page of 7 Page 7 of

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