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Martell v. Cohen Clair Lans Greifer Thrope & Rottenstreich LLP

Judiciary Law §487 Claim Could Have Been Brought in Divorce Action, Is Res Judicata

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OPINION AND ORDER   C. Michael Martell (“Martell”) brings this action against the law firm Cohen Clair Lans Greifer Thorpe & Rottenstreich LLP, and attorneys Robert Stephan Cohen and Shannon R. Simpson (collectively, “Defendants”), arising from a divorce lawsuit in the Supreme Court of the State of New York where Defendants represented Martell’s former wife, Sarah “Sally” Klingenstein Martell (“Mrs. Martell”). Martell alleges that the Defendants intended to deceive the New York State judge presiding over the divorce action into granting them an extension on service of process, which placed Martell in a vulnerable financial position in connection with settlement negotiations. For the reasons set forth below, Defendants’ motion to dismiss is GRANTED. I. Factual and Procedural Background Martell is domiciled in Maine and brings this case pursuant to diversity jurisdiction. Martell married his “enormously wealthy” wife on August 23, 2003. Id.

17, 70. He had a negative net worth at the time of the marriage and his wife had assets totaling approximately $75 million. Id. 19. The couple signed a pre-nuptial agreement (“Pre-Nuptial Agreement”), which stipulated that if either one of them initiated divorce proceedings, Martell would get a distributive award of $500,000 if filed between five and ten years of marriage, and $1,000,000 if filed between ten and twenty years of marriage. Id. 22. It further stipulated that if it was Mrs. Martell who initiated the divorce proceedings, then the distributive award would be payable within sixty days after service of process upon Martell. Id. at 23. The couple’s marriage broke down irretrievably in the spring of 2013 and they discussed the subject of divorce. Id.

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