INDEX NO. 159394/2018

FILED: NEW YORK COUNTY CLERK 10/10/2018 04:43 PM
NYSCEF DOC. NO. 1

RECEIVED NYSCEF: 10/10/2018

SUPREME

COURT

COUNTY

OF THE

OF THE

NEW YORK

OF

STATE

NEW YORK

---------------------------------------X
:

ALEX

:

SHNAIDER,

:
Index

:

Petitioner,

No.

:
-against-

&

SCHILLER

BOIES,

:

FLEXNER

:

LLP,

:
Respondent.

:
:
:

--

------------

----------------------

---

X

PETITION

VERIFIED
In this

cause

with

client

file

special

a temporary

Southern

of

District

"SDNY

law

New

Alex

prior

his

firm,

legal

instituted

§ 475,

Shnaider

petitions

counsel

Slinin

encaptioned,

York,

Law

to Judiciary

petitioner

injunction,

respondent

from

pursuant

proceeding

to obtain

a civil

in

action

No.

v. Shnaider,

by

order

to show

of his

a copy

pending

in the

1:15-cv-09674-RJS

(the

Action").

Introduction

1.

3, 2018.

client

file,

firm

despite

client's

trial.

Petitioner

to release

law

Action

firm

to turn

respondent

lien,

injunctive

of

a copy
the

time

over

for

need

seeks

of

for

is scheduled

exigent

to client

Because

2.

respóñdêñt

SDNY
a retaining

Asserting

iropeñdiñg
law

The

the

all

trial

law

firm

at least

part

relief

in the

discovery
petitioner

dersañds,

discovery

files

1 of 6

in

less

has

of

than

refused

file

the

form

of

in

exchañged

requests

pending

two

the

to release

to defend

an order

the

any

his

part

of the

in the

respondent

Action.

an immediate

on

December

interests

directing

SDNY

hearing

on

months,

order

this

directing

petition,

 INDEX NO. 159394/2018

FILED: NEW YORK COUNTY CLERK 10/10/2018 04:43 PM
NYSCEF DOC. NO. 1

which

RECEIVED NYSCEF: 10/10/2018

for

and

will

material

trial

presentation

be held

in the

SDNY

of

proposed

the

petitioner's

by
Action.

new

Petitioner

order

to

show

counsel

and

is notifying

cause

to

used

respondent

set the

for

solely

law

trial

firm

in

preparation

advance

of

date.

hearing

Parties

Petitioner

3.

defendant

sole

in the

with

New

in

its

or "client"),

a Canadian

is the

citizen,

Action.

place

of

County,

New

York.

&

Schiller

Boies,

principal

York

("Shnaider"

Shnaider

SDNY

Respondent

4.

firm

Alex

business

Flexner

LLP

State

of New

in the

is an international

("BSF")

and

York,

with

law

an office

located

Facts

From

5.

Shnaider

in the

6.

permission

adjourn
"

All

Action,

date

over

fees

and

31,

was

client's

BSF

as counsel.

which

Esq.,

order,

the

for

trial,

the

dates

Id.

After

substitute

the

Court

issued

is immovable.

exhibits

Bowen,

withdrew

In that

submissions

1

to August

BSF

2018,

was

legal

counsel

to

granted

dissatisfaction

petitioned

court

by

the

order

with

in

Court

dated

August

legal

BSF's

SDNY

the

31,

Action

2018.

Ex.

for

A

Order).1

7.

trial

to a dispute

BSF

2016

February

Action.

to withdraw,

(8/31/18

SDNY

SDNY
Due

representation,

Court

about

referenced

Ex.

herein

dated October

Court

the

pre-trial

counsel

another

are attached

that

conference,

entered

order,

B (10/3/18

10, 2018,

ruled

expressly

which

Ex.

Order);

"[u]nder

or the

an appearance

further

C (7/18/18

no

deadline

on

emphasized

Pretrial

circumstances

for

behalf

the

2

2 of 6

in the

December

Order).

to the accompanying
Affirmation
of Michael
Emergency
herewith
in support of this Verified
Petition.

sebmitted

the

pre-trial

Shnaider's

that

will

Paul

3

 INDEX NO. 159394/2018

FILED: NEW YORK COUNTY CLERK 10/10/2018 04:43 PM
NYSCEF DOC. NO. 1

RECEIVED NYSCEF: 10/10/2018

The

8.

submissions,

he

BSF's

from

BSF.

sought

only

December

impending

SDNY

the

and

light

of

so much

3, 2018

lists,

Pretrial

the

fee

the

file

trial

in

the

November

by

parties

to make
-

8, 2018

a date

all

that

trial

is less

Order).

counsel

client

dispute,

of

both

require

substitute

withdrawal,

In

Action

witness

C (7/18/18

Ex.

After

documents

in

exhibit

away.

9.

Rather

orders

including

a month

than

trial

(the

did

as is minimally

SDNY

not

seek

required

and

Action,

the

of the

entirety

to mount

to meet

certain

requested

undersigned)

the

his

file.

defense

November

at the

8, 2018

deadline.

10.

BSF

11.

BSF's

refused

to release

part

any

of

the

client

file

and

refused

the

to discuss

matter.

client's

and

the

himself

to defend

ability

of

withholding

materials

discovery

SDNY

at the

will

client

prejudice

materially

trial.

Argument

Section

12.

in

an action

Under

this

special

Sage

(1st

Dep't

the

statute,

proceeding

See

Proskauer

in which

Realty

2002)
firm

representation,

nonfinal

proceeding

product");

for

of

475

and

despite

for

release

any

all

of

its

v. Ciafone,

client

client

&

a "special

files

file

file).

3

3 of 6

law

proceeding
generated

1240,

to

is owed

lien,

a client

of

294

for

an order

(2d

Dep't

former

A.D.2d

in

drafts

research,

Jud.

L.

institute

may

LLP,

lien

a statutory

a fee.

possession

or collected

1241

assert

and

in the

Mendelsohn

correspondence,

65 A.D.3d

an attorney

services

or common

Goetz

outstanding

product,

permits

legal

of the

Rose

work

including

release

a copy

commencing

over

Nazario

provided

statutory

v. Proskauer

(petitioner

to turn

has

of

Law

Judiciary

lawyer

that

Corp.

the

§ 475.

a

counsel.

190,

190

compelling

the

connection

with

and

2009)

similar

(special

 INDEX NO. 159394/2018

FILED: NEW YORK COUNTY CLERK 10/10/2018 04:43 PM
NYSCEF DOC. NO. 1

RECEIVED NYSCEF: 10/10/2018

13.

the

have

yet

Where

resolved.

See,

A.D.2d

to turn

over

the

("[C]ourts

of the

Court

297

296,

of

client

file).

the

Dev.

Corp.

(court

the

"has

to compel

power

Jur

159

the

A.D.2d

the

dispute

344

(1st

Hom

file.");

at Law

to restore

fee

343,

to order

Attorneys

courts

interests,

where

power"

an attorney

client's

even

client,

inherent

NY

168

the

to relinquish

appellant

See generally

inherent

to the

v. Schonberger,

ordered

1994)

file

of

detriment

Dep't

210

v. Hom,

the

former

§ 214

(2014)

assets,

is not

attorney

or papers

moneys,

client.").

Where,

order

to prepare

in

the

client

file.

of

release

Misc.

without
detriment,"

and

15.

Exigent

ruled

and

Order).

the

Given

resolve

otherwise

ordered

the

release

will

of

"an

right

Nassau

Cty.

who

"under

8 deadline

be

adjourned

any

fee

dispute

the

discovery

will

The

1983)

Moraitis

"continually

case

to release

(ordering

existed

on

drag
from

a case

SDNY

Action

withdraws

his

v. Moraitis,

circumstances

client

has

claims

client's

He will,

Court

in the

will

or continued.

or related

materials,

needs

attorney

Dep't

circumstances,"

no

frames,

with,

prejudiced.

dispute

here.

exist

time

(exigent

former

(2d

trial);

1999)

client

181

where,

to

[client's]

for

cause

just

lien").

that,

short

for

case

the

the

837

837,

voluntarily

to a retaining

because

ordered

have

client's

custody

attorney

exist

A.D.2d

orders

extremely

be materially

97

the

circumstances

in written

November

Ct.

years-long

that

courts

trial,

to prepare

the

noting

circumstances

v. Rosen,

(Sup.

an absolute

have

repeatedly

Rosen

512

file,

exigent

imminent

needed

515,

client

for

e.g.,

file

510,

the

not

See,

client

2d

does

as here,

14.

file

Action

Dep't

is to the

file

release

properly

(2d

the

have

the

Science

e.g.,

("Supreme

1990)

date

to order

authority

the

withholding

for

4

4 of 6

ability

example,

See,

e.g.,

insufficient

against,

to defend

the

BSF.

his

be unaware

December

A

Ex.

time

has

3 trial

(8/31/18

to litigate

or

Without

a court-

interests

in the

of

what

SDNY

documents

 INDEX NO. 159394/2018

FILED: NEW YORK COUNTY CLERK 10/10/2018 04:43 PM
NYSCEF DOC. NO. 1

RECEIVED NYSCEF: 10/10/2018

be

may

used

used

at

trial

in

favorably

16.

BSF

dispute

the

other

with

on

or

judgment

just

releasing

to

release

Dated:

a copy

October

documents

and

other

m

discovery

of

of

trial

will

a critical

not

does

of

part

the

BSF's

BSF

claim

any

harm

grievously

of

part

the

client

file

ability

to

(the

-

BSF

on

own

to

leverage

on

nor

its

not

claim

fee

f

ba

the

will

discovery)

adjudicate

unpaid

to

BSF's

hostage

file

well

reflect

have

may

p

and

client.

Court

the

set

of

the

New

York,
10,

prays

petitioner

necessary,

New

eve

impede

otherwise

against

if

merits

client

WHEREFORE,
hearing,

the

the

Holding

a former

hand,

respect

any

of

well.

as

what

and

defense.

discovery

harm

fee

his

Irrespective

withholding

will

him

against

enter

discovery

an

in

that,

order

the

in

Action

applicable

and

petition

this

granting

SDNY

with

accordance

to

enjoini

new

client's

co

York

2018

KASOWIT

EN

ON

O

..

By:
Michael

Paul

Bowen

mbowen@kasowitz.com
Bradley

5 of 6

Peter

Lerman

blerman@kasowitz.com

R

 INDEX NO. 159394/2018

FILED: NEW YORK COUNTY CLERK 10/10/2018 04:43 PM
NYSCEF DOC. NO. 1

RECEIVED NYSCEF: 10/10/2018

__VERIFICATIOl¶

ALEX

I

know

and

am

the

the

and

and

knowledge

I

of

affirm

New

outside

the

Islands,

or

the

as

I have

action.

of

assertions

to

pursuant

following

within

except

true,

and

belief,

the

The

be

to

as

those

to

are

fact

those

matters,

to

read

the

based

on

mattem

therein

I believe

them

CPLR

Verified

foregoing

my own

personal

stated

to

be

to

be

CP

and

2106

true

to

alleged

the

be

belief.

on

/2

this

which

York,

of

day

of

territory

the

foregoing

is

proceeding

in

a court

or

true,

of

insular

and

a fine

the

or

United

pasession

I understand

under

2018,

October,

include

may

hmedaries

geographic

any

that

in

thereof.

them

I believe

affirms

pditioñct

contents

informatioñ

laws

SHNAIDER

that

Puerto

States,

this

jurisdicuon

document

may

law.

Alex

6 of 6

I

Shneider

perjury

am

physically

the

Rico,

the

to

of

penalties

imprisonset,

subject

that

the

United

of

be

filed

the

in

Unit

an