FILED: WESTCHESTER COUNTY CLERK 07/21/2017 01:29 PM
`NYSCEF DOC. NO. 321
`RECEIVED NYSCEF: 07/21/2017
`
`INDEX NO. 69292/2014
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`of the Supreme COUli
`At lAS Part _
`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, N.Y. on the Zl day of
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`July, 2017.
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`I
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`1 II \
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`PRESENT:
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`~'!PAH e.liFtCOW' 'i
`J.S.C.
`------------------------------------------------------------------)(
`TERENCE O'CONNELL,
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`.
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`Plaintiff,
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`-against-
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`JORAM J. ARJS,
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`Defendant.
`-----------------------------------------------------------------)(
`SIRS:
`
`ORDER TO
`SHOWCAUS.E
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`Inde)( No.: 69292/2014
`mf)~~.=#'OI3
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`Upon reading and filing the Affidavit of Terence O'Connell,
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`sworn to on the 18th day of
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`July, 2017; the affirmation ofJONATHANRICE,
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`ESQ., dated the 19th ofJuly, 2017, the
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`e)(hibits 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 anyone on their
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`behalf show cause at lAS Part 2...- of this Court, before the Hon. Justice
`'HON.~ eo L.!Ft(OWIf2
`----------------_._----
`the County of Westchester, at 111 Matiin Luther King Jr. Blvd., Room ~
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`, held in and for
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`White Plains, N.Y.
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`10601 on Ihe..J!6~lay Of~7
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`al9:30 o'clock a.m. inthe forenoon of that day,
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`.
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`WHY an Order should not be made and entered herein granting the following relief:
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`FILED: WESTCHESTER COUNTY CLERK 07/21/2017 01:29 PM
`NYSCEF DOC. NO. 321
`RECEIVED NYSCEF: 07/21/2017
`
`INDEX NO. 69292/2014
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`is entitled
`1. For an increase of the damages to which plaintiff Terence O'Connell
`undcr his claims against thc 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 incuned in defending against and remedying defendant's
`misconduct.
`2. PlIIsuant to the June 15,20017 order of The Hon. Orazio Bellantoni during the
`trial of this action and the stipulation of counsel for the parties OD that same
`date thc issue of additional
`legal fees incurred by plaintiff Terence O'ConneIJ
`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'COlmell) was
`to bc addrcsscd and resolved by the court in a post-verdict motion if the jury
`returned a finding of entitlement
`to damages under Judiciary Law 487.
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`the order of this
`3. Based upon the June 15,20017 stipulation between counsel;
`court; and the jury verdict finding the defendant Joram 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 foIJowing additional damages
`to increase the jury verdict on damages for defendant Ads' misconduct:
`a.
`"legal fees" incuned by plaintiff prosecuting and defending the
`In all
`motions, actions and proceedings
`filed by defendant Joram Aris
`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
`legal fees of
`The court however, only allowed the jury to consider
`$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 0'Connell v.
`5),Connell case lUlder index No. 552/2009 .
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`.Based on the June 15, 2017 stipulation of counsel and dircctive from the
`(:ourt to have these damages considered in plaintiff's
`case after the trial
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`FILED: WESTCHESTER COUNTY CLERK 07/21/2017 01:29 PM
`NYSCEF DOC. NO. 321
`RECEIVED NYSCEF: 07/21/2017
`
`INDEX NO. 69292/2014
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`by motion, plaintiff now moves to have the COUltconsider and award the
`following additional damages for legal fees on the misconduct claims in
`this case;
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`legal fees cxcluded by this court
`a. $60,000 of additional
`from consideration by the jury ($159,000 minus $99,000 =
`$60,000)
`legal fee for completing the trial
`b. $15,000 as an additional
`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 plaintifrs
`counsel's
`llormallegal
`fees.
`UPOll award ofthe 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;
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`Directing that the clerk of the COUltamend 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
`trebling the
`same to $525,000 ;
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`in the amount of$654,000
`Dirccting the clerk of the court to enter judgment
`consistent with the verdict of the jury and the order ofthis court and such
`additional
`taxablc costs and any interest tbereon; and
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`Directing a discovery conference on the issue of discovery required for
`conduct of the punitive damages trial required herein based on the jUlY
`verdict awarding punitive damages.
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`Removing the "disposed" marking on tbis case in the efiJe system of tbe
`court as discovery and trial is still required on punitive damages issues as per
`the verdict oftbe jUlY in this case (See Exhibit G)
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`4.
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`5.
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`6.
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`7.
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`8.
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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 ora copy oftbis Order
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`to Show Cause, and the papers upon which it is based upon Robert L. Goldberg, Esq., attorney
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`for defendant JORAM J. AIDS, at 767 Third Avenue, 24th FIr., New Yor!c, N. Y. 10017 by
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`FILED: WESTCHESTER COUNTY CLERK 07/21/2017 01:29 PM
`NYSCEF DOC. NO. 321
`RECEIVED NYSCEF: 07/21/2017
`
`INDEX NO. 69292/2014
`
`service via the Eel' filing system before the --.ZlL'Jay
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`ofJuly, 20]7, be deemed good and
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`sufficient service.
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`4 of 4
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