Vega v. Brookfield Props. 9th Ave. LLC

2026 NY Slip Op 30672(U)

• Court: New York Supreme Court, New York County
• Decided: February 25, 2026
• Docket: Index No. 161231/2021
• Status: Unpublished
• Author: Brendan T. Lantry

Opinion

Vega v Brookfield Props. 9th Ave. LLC 2026 NY Slip Op 30672(U) February 25, 2026 Supreme Court, New York County Docket Number: Index No. 161231/2021 Judge: Brendan T. Lantry 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.

file:///LRB-ALB-FS1/Vol1/ecourts/Process/covers/NYSUP.1612312021.NEW_YORK.002.LBLX000_TO.html[03/09/2026 3:45:55 PM] FILED: NEW YORK COUNTY CLERK 02/26/2026 11:41 AM INDEX NO. 161231/2021 NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 02/25/2026

SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. BRENDAN T. LANTRY PART 46M Justice ---------------------------------------------------------------------------------X INDEX NO. 161231/2021 JESUS VEGA, MOTION DATE 01/23/2026 Plaintiff, MOTION SEQ. NO. 003 -v- BROOKFIELD PROPERTIES 9TH AVENUE LLC,BROOKFIELD PROPERTIES (USA) LLC,W.P. CAREY DECISION + ORDER ON INC.,BOP NE, LLC,BROOKFIELD PROPERTIES (USA II) LLC,BENCHMARK BUILDERS, LLC, MOTION

Defendant. ---------------------------------------------------------------------------------X

W.P. CAREY INC., BOP NE, LLC, BROOKFIELD Third-Party PROPERTIES (USA II) LLC Index No. 595454/2022

Plaintiff,

-against-

BENCHMARK BUILDERS, LLC, BENHAR OFFICE INTERIORS LLC, C&S WAREHOUSING, INC.

Defendant. --------------------------------------------------------------------------------X

The following e-filed documents, listed by NYSCEF document number (Motion 003) 81, 82, 83, 84, 85 ATTORNEY - were read on this motion to/for DISQUALIFY/RELIEVE/SUBSTITUTE/WITHDRAW .

Hecht, Kleeger & Damashek, P.C., (“Hecht Kleeger”) seeks to be relieved as counsel for

Plaintiff Jesus Vega (“Plaintiff”) pursuant to CPLR § 321, for a lien for disbursements and attorney

fees pursuant to Judiciary Law § 475, and for a stay of all proceedings in this action for a period

of 60 days from service of an Order with Notice of Entry.

“An attorney of record may withdraw or be changed by order of the court in which the

action is pending, upon motion on such notice to the client of the withdrawing attorney, to the

attorneys of all other parties in the action or, if a party appears without an attorney, to the party,

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and to any other person, as the court may direct.” See CPLR § 321(b)(2). An attorney seeking

withdrawal “must demonstrate that good cause exists to end the relationship with the client, such

as by showing an irretrievable breakdown in the relationship or a failure of cooperation by the

client.” See Matter of Cassini¸ 182 AD3d 13 [2nd Dept, 2020]. Here, Hecht Kleeger seeks to

withdraw as counsel for Plaintiff due to the deterioration of the attorney client relationship. See

NYSCEF Doc. No. 82. Based upon this representation and counsel’s further ex parte

representations to the Court, the Court finds that Hecht Kleeger has made a sufficient showing of

entitlement to withdraw as counsel for Plaintiff. Accordingly, this portion of Hecht Kleeger’s

motion is granted, without opposition.

“Where an attorney seeks leave to withdraw under CPLR § 321(b)(2), the court may stay

proceedings pending the determination of the motion and after the determination.” See Id at 127.

The Court further finds that Hecht Kleeger’s request for a 60 day stay is reasonable under the

circumstances such as to provide Plaintiff with the opportunity to retain new counsel. Accordingly,

this portion of Hecht Kleeger’s motion is granted, without opposition.

“An attorney who is discharged without cause possesses a statutory charging lien for the

services rendered in procuring a judgment, decree, or award for the client; this lien attaches to the

client's cause of action, verdict, settlement, or judgment.” See Mello v. City of New York, 303

AD2d 564 [2nd Dept, 2003]; Judiciary Law § 475. “[T]he charging lien does not merely give an

attorney an enforceable right against the property of another, it gives the attorney an equitable

ownership interest in the client's cause of action.” See Mello at 472 (quoting LMWT Realty Corp

v. Davis Agency, Inc., 85 NY2d 462 [1995]). Here, Hecht Kleeger’s discharge is without cause

and counsel is therefore statutorily entitled to a lien for disbursements and attorney fees.

Accordingly, this portion of Hecht Kleeger’s motion is granted, without opposition.

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Accordingly, it is hereby

ORDERED that the motion of Hecht, Kleeger & Damashek, P.C., to be relieved as attorney

for JESUS VEGA is granted without opposition upon filing of proof of compliance with the

following conditions; and it is further

ORDERED that said attorney shall serve a copy of this order with notice of entry upon

JESUS VEGA at his last known address by certified mail, return receipt requested, and upon the

attorneys for all other parties appearing herein by posting to the New York State Courts Electronic

Filing System; and it is further

ORDERED that, together with the copy of this order with notice of entry served upon

JESUS VEGA, moving counsel shall forward a notice directing JESUS VEGA to appoint a

substitute attorney within 30 days from the date of the mailing of the notice and the client shall

comply therewith, except that, in the event Plaintiff intends instead to represent himself, he shall

notify the Clerk of the Part of this decision in writing within said 30-day period; and it is further

ORDERED that any new attorney retained by Plaintiff file a notice of appearance with the

Clerk of the General Clerk’s Office and the Clerk of the Part within 60 days from the date the

notice to retain new counsel is mailed; and it is further

ORDERED that no further proceedings may be taken against JESUS VEGA without leave

of this court for a period of 60 days after service on JESUS VEGA of the aforesaid notice to

appoint a substitute attorney; and it is further

ORDERED that the departing attorney shall, within 10 days from entry, serve a copy of

this order with notice of entry on the Clerk of the General Clerk’s Office; and it further

ORDERED that such service upon the Clerk of the General Clerk's Office, the filing of a

notice of appearance as provided herein, and the filing of papers as aforesaid shall be made in

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accordance with the procedures set forth in the Protocol on Courthouse and County Clerk

Procedures for Electronically Filed Cases (accessible at the “E-Filing” page on the court's

website); and it is further

ORDERED that Hecht, Kleeger & Damashek, P.C. may enforce its statutory charging lien

upon the proceeds of the lawsuit pursuant to Judiciary Law § 475.

This constitutes the Decision and Order of the Court.

2/25/2026 \ DATE BRENDAN T. LANTRY, J.S.C. CHECK ONE: CASE DISPOSED X NON-FINAL DISPOSITION

□ X GRANTED DENIED GRANTED IN PART OTHER

APPLICATION: SETTLE ORDER SUBMIT ORDER

□ CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE

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