Meirowitz v Greenberg 2025 NY Slip Op 32124(U) June 13, 2025 Supreme Court, New York County Docket Number: Index No. 659363/2024 Judge: Paul A. Goetz demonstrates the dangers of charging liens, litigation over attorney fees and a subsequent legal malpractice case.
“In this legal malpractice action defendants, Segal & Greenberg LLP, Margery Greenberg,
and Sara Hiltzik1 (collectively “S&G Defendants”) move (MS #2), and defendant Dorf Nelson &
Zauderer, separately moves (MS #3) to dismiss the complaint as against them.
Plaintiff alleges 302 causes of action against defendants many of which are not
cognizable causes of action in New York, including the following:
SIXTH CAUSE OF ACTION – Failure to Inform the Court of Critical Information
FIRST CAUSE OF ACTION – Malfeasance
SECOND CAUSE OF ACTION – Nonfeasance
THIRD CAUSE OF ACTION – Misfeasance
FOURTH CAUSE OF ACTION – Lack of Transparency
FIFTH CAUSE OF ACTION – Failure to Inform the Court of Due Process Violations
- SEVENTH CAUSE OF ACTION – Failure to Provide Discovery
- EIGHTH CAUSE OF ACTION – Failure to Address Frivolous and Procedurally
Defective Actions - NINTH CAUSE OF ACTION – Failure to Inform the Court of Unauthorized Actions of
the AFC - TENTH CAUSE OF ACTION – Failure to Inform the Plaintiff and the Court of Critical
Findings - THIRTEENTH CAUSE OF ACTION – Failure to Address Ex Parte Communication and
Challenge Improper Compensation Order - FIFTEENTH CAUSE OF ACTION – Failure to Inform the Court of My Son’s Suicide
Attempts and the Impact of the Custody Schedule Change - SIXTEENTH CAUSE OF ACTION – Refusal to Follow Client Directives and Failure to
Inform the Court - SEVENTHEENTH [sic.] CAUSE OF ACTION – Failure to Inform Plaintiff of Legal
Rights and Misrepresentation Regarding Marital Assets - EIGHTEENTH CAUSE OF ACTION: Pattern of Failure to Preserve the Record
- NINETEENTH CASUE [sic.] OF ACTION: Failure to Provide the Complete File, or
partial file, in a Timely Fashion - TWENTYEENTH [sic.] CAUSE OF ACTION: Breach of Attorney-Client Privilege and
Professional Conduct - TWENTY-THIRD CAUSE OF ACTION: Failed to Inform me of both a 1028 and 1028
Hearing - TWENTY FIFTH CASUE [sic.] OF ACTION: Failure to Exercise Reasonable Care in
Depositions - TWENTY SEVENTH CASUE [sic.] OF ACTION: Ineffective Representation
- TWENTY-EIGHT CASUE [sic.] OF ACTION: Lack of Advocacy
- TWENTY NINTH CASUE [sic.] OF ACTION: Support of Misleading Article and Quid
Pro Quo Relationships - Cause of Action Number Thirty-Two: Damages and the Broader Scope and Implications
of Defendant’s Action
It appears that these causes of action are intended to be different allegations of legal
malpractice and will be addressed as such. To succeed on a claim of legal malpractice “plaintiff
must show that: (1) the attorney was negligent; (2) the attorney’s negligence was a proximate
cause of plaintiff’s losses; and (3) plaintiff suffered actual damages” (Springs v L&D Law P.C.,
234 AD3d 422, 423 [1st Dept 2025]).”
“As for the allegations against the S&G Defendants, a claim for legal malpractice is barred
by an “adverse determination in [an allegedly negligent attorney’s] prior action to recover fees
for the rendering of professional services … with regard to the same services” (Kinberg v Garr,
28 AD3d 245, 246 [1st Dept 2006]; John Grace & Co., Inc. v Tunstead, Schechter & Torre, 186
AD2d 15, 20 [1st Dept 1992] “[S]ince the fee claim and the legal malpractice claim arose from
the same transaction, the decision to award fees necessarily included the finding of no
malpractice”]).
Here, by Decision and Order dated March 16, 2023, in the underlying action, the court
granted S&G Defendants’ motion to withdraw, and awarded S&G Defendants a charging lien at
an amount to be determined later (NYSCEF Doc No 24). The hearing was held on April 28,
2023 and plaintiff agreed to a Charging Lien in the amount of $124,100.86 (NYSCEF Doc No 26
at p 5). “Accordingly, plaintiff[‘s] legal malpractice claim[s] based upon the same services at
issue before the fee claim court [are] barred by collateral estoppel and res judicata” (John Grace,
186 AD2d at 20).”