`of the State of New York, held in and for
`the County of Westchester, at the
`Courthouse thereof, located at 111
`Dr. Martin Luther King, Jr. Blvd,
`White Plains, NY. on the _ day of
`July, 2017.
`
`P R E S E N T :
`
`J.S.C
`__________________________________________________________________X
`
`TERENCE O’CONNELL,
`
`-against—
`
`JDRAM J. ARIS,
`
`Plaintiff,
`
`ORDER TO
`SHOW CAUSE
`
`Index No.: 69292/2014 .
`
`~~~~~———~—-—---—-—-———--------—--—~~~—~~n—--------_- --------------X
`
`Defendant.
`
`S I R S :
`
`Upon reading and filing the Affidavit of Terence O’Connell, sworn to on the 18‘:h day of
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`July, 2017; the affirmation of JONATHAN RICE, ESQ, dated the 19th of July, 2017, the
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`exhibits attached thereto; and upon all papers and proceedings heretofore had herein between the
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`parties,
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`LET, the defendant, his attorneys, agents, servants and employees or any one on their
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`behalf show cause at IAS Part
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`of this Court, before the Hon. Justice
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`the County of Westchester, at 111 Martin Luther King Jr. Blvd, Room
`
`
`
`, White Plains, NY.
`
`10601 on the
`
`day ofJuly, 2017 at 9:3 0 o'clock mm. in the forenoon of that day,
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`WHY an Order should not be made and entered herein granting the following relief:
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`, held in and for
`
`
`
`
`
`1. For an increase of the damages to which plaintiff Terence O’Connell is entitled
`under his claims against the defendant Joram Aris for legal fees incurred
`remedying the misconduct of Joram Aris and defending against his ongoing
`improper behavior that all stemmed from and constituted ongoing misconduct
`for which damages are permitted to be awarded to plaintiff for the amount of
`his legal fees incurred in defending against and remedying defendant’s
`misconduct.
`
`Pursuant to the June 15, 20017 order of The Hon. Orazio Beilantoni during the
`trial of this action and the stipulation of counsel for the parties on that same
`date the issue of additional legal fees incurred by plaintiff Terence O’Connell
`beyond that which the court had permitted the jury to consider (amounts over
`and above the $99,000 attributed to work completing the work of defendant
`Aris and handling related matters in the case of O’Connell v. O’Connell) was
`to be addressed and resolved by the court in a post-verdict motion if the jury
`returned a finding of entitlement to damages under Judiciary Law 487.
`
`Based upon the June 15, 20017 stipulation between counsel; the order of this
`court; and the jury verdict finding the defendant Jcram Aris culpable and liable
`to plaintiff for Judiciary Law 487 damages under bOth prongs of said statute,
`plaintiff is permitted to apply by motion for the following additional damages
`to increase the jury verdict on damages for defendant Aris’ misconduct:
`a.
`“legal fees” incurred by plaintiff prosecuting and defending the
`motions, actions and proceedings filed by defendant Joram Aris In all
`courts and actions and not just in the partition action in which defendant
`began his plethora of improper acts and practices all of which constitute
`misconduct and all of which were further acts of misconduct by
`defendant Joram Aris and were a continuation of his misconduct and
`abusive behavior that the jury found to be outrageous and reprehensible
`in their award of damages under Judiciary Law 487.
`b. Plaintiff by his own testimony and by Jonathan Rice, Esq. presented
`testimony of legal fees incurred that constituted damages in the
`following amounts:
`$144,000 (rounded down) after discounts to client
`$15,000 for trial (for 2-3 day trial and preparation)
`Total Legal Fees of $159,000
`The court however, only allowed the jury to consider legal fees of
`$99,000 testified to by plaintiff, as damages to the extent those legal
`fees were incurred only in completing the work defendant Aris was
`required to complete and defending motions in the O’Connell V.
`O’Connell case under index No. 552/2009.
`
`Based on the June 15, 2017 stipulation of counsel and directive from the
`court to have these damages considered in plaintiff’s case after the trial
`
`2
`
`
`
`
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`by motion, plaintiff now moves to have the court consider and award the
`following additional damages for legal fees on the misconduct claims in
`this case:
`
`a. $60,000 of additional legal fees excluded by this court
`from consideration by the jury ($159,000 minus $99,000 =
`$60,000)
`b. $15,000 as an additional legal fee for completing the trial
`and filing this motion given that the plaintiff has
`consented to this increase in legal fee for work in excess
`of the work contemplated and as such work was
`reasonable, necessary and still represents a substantial
`discount from plaintiffs counsel’s normal legal fees.
`Upon award of the additional $75,000 of legal fees required due to defendant
`Aris’ misconduct in violation of Judiciary Law 487 thereby directing that the
`same be trebled consistent with the requirements of that statute ;
`
`4.
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`5 . Directing that the clerk of the court amend the verdict of the jury in this
`regard to increase the amount of damages for misconduct and violation of
`Judiciary Law 487 from $100,000 to $174,000 and thereafter trebiing the
`same to $525,000 ;
`
`6. Directing the clerk of the court to enter judgment in the amount of $654,000
`consistent with the verdict of the jury and the order of this court and such
`additional taxable costs and any interest thereon; and
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`7. Directing a discovery conference on the issue of discovery required for
`conduct of the punitive damages trial required herein. based on the jury
`verdict awarding punitive damages.
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`8.
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`Removing the “disposed” marking on this case in the efile system of the
`court as discovery and triai is still required on punitive damages issues as per
`the verdict of the jury in this case (See Exhibit G)
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`9.
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`For such other and further relief as is just, proper and equitable.
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`SUFFICIENT CAUSE APPEARING THEREFOR, LET service of a copy of this Order
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`to Show Cause, and the papers upon which it is based upon Robert L. Goidberg, Esq, attorney
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`for defendant JORAM J. ARIS, at 767 Third Avenue, 24th Flr., New York, NY. 10017 by
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`
`
`
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`service Via the ECF filing system before the
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`day of July, 2017, be deemed good and
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`sufficient service.
`
`ENTER:
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`J.S.C.
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`
`
`