A New York appellate court has affirmed a lower court's decision in the case of Marinac v. Marinac, which involves a dispute over attorney fees and alleged misconduct. The ruling, issued on June 18, 2026, affects Maryanne Marinac, the plaintiff, and her former attorney, Alexandria Lipton, as well as her ex-husband, Tiho Marinac. This case highlights the complexities involved in legal representation and the challenges clients may face when seeking recourse against their attorneys.
The court's decision is significant because it underscores the importance of proper legal procedures in disputes involving attorney-client relationships. It also illustrates the difficulties clients can encounter when alleging attorney misconduct, particularly in the context of ongoing matrimonial proceedings.
Background
Maryanne Marinac filed a motion against her former attorney, Alexandria Lipton, in the New York County Supreme Court. The dispute arose from a previous order of reference issued on April 29, 2025, which directed that Lipton's application for a charging lien be heard before a Special Referee. A charging lien allows an attorney to claim a portion of the proceeds from a case as payment for their services.
Marinac claimed that Lipton was incompetent and disorganized during her representation. She alleged that Lipton failed to complete essential legal tasks and engaged in deceptive billing practices. The case escalated as Marinac sought various forms of relief, including reimbursement for fees and costs incurred due to Lipton's alleged misconduct.
The initial court ruling, which was entered on February 9, 2026, denied Marinac's motion to recall the order of reference and dismissed several of her claims against Lipton. This led Marinac to appeal the decision, seeking to overturn the lower court's findings.
The Ruling
The Appellate Division of the Supreme Court of the State of New York upheld the lower court's decision, affirming the denial of Marinac's motion. The court ruled that the April 29, 2025, order of reference was a proper exercise of the court's discretion, stating, "This case involves the existence of sharply disputed factual and credibility issues warranting referral to the Special Referee."
The judges on the panel included Kennedy, Friedman, Gesmer, Michael, and Chan. The court highlighted that the underlying dispute was not a straightforward fee application but involved extensive allegations regarding Lipton's competence and conduct as an attorney. The court noted that these allegations necessitated a hearing to resolve the factual issues and credibility determinations.
Furthermore, the court rejected Marinac's argument that specific statutory provisions prohibited the referral to a Special Referee. It also dismissed her remaining claims related to alleged attorney misconduct, stating that such claims must be pursued in a separate action rather than being included in the ongoing matrimonial proceeding.
Impact
The court's ruling in Marinac v. Marinac has significant implications for clients seeking to challenge their attorneys' conduct. It emphasizes the need for clear and compelling evidence when alleging attorney misconduct, particularly in complex cases involving family law. Clients may find it challenging to address grievances against their attorneys within the context of ongoing legal proceedings.
This decision also reinforces the role of Special Referees in handling disputes that involve intricate factual issues and credibility assessments. By allowing the referral, the court recognized the necessity of a thorough examination of the claims made against Lipton. The ruling serves as a reminder that clients must be prepared to navigate the legal system carefully when pursuing claims against their former attorneys.
What's Next
Details were not available in the court filing regarding whether Marinac plans to appeal the decision further. There may be related cases pending, but specifics were not provided in the court opinion. Clients facing similar situations should consult with legal professionals to understand their options.