throbber

`FILED: WESTCHESTER COUNTY CLERK 07/21/2017 01:29 PMFILED: WESTCHESTER COUNTY CLERK 07/24/2017 04:11 PM
`
`NYSCEF DOC. NO. 321NYSCEF DOC. NO. 322
`
`RECEIVED NYSCEF: 07/21/2017RECEIVED NYSCEF: 07/24/2017
`
`
`
`INDEX NO. 69292/2014INDEX NO. 69292/2014
`
`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
`
`July, 2017.
`
`I
`
`1 II \
`
`PRESENT:
`
`~'!PAH e.liFtCOW' 'i
`J.S.C.
`------------------------------------------------------------------)(
`TERENCE O'CONNELL,
`
`.
`
`Plaintiff,
`
`-against-
`
`JORAM J. ARJS,
`
`Defendant.
`-----------------------------------------------------------------)(
`SIRS:
`
`ORDER TO
`SHOWCAUS.E
`
`Inde)( No.: 69292/2014
`mf)~~.=#'OI3
`
`Upon reading and filing the Affidavit of Terence O'Connell,
`
`sworn to on the 18th day of
`
`July, 2017; the affirmation ofJONATHANRICE,
`
`ESQ., dated the 19th ofJuly, 2017, the
`
`e)(hibits attached thereto; and upon all papers and proceedings heretofore had herein between the
`
`parties,
`
`LET, the defendant, his attorneys, agents, servants and employees or anyone on their
`
`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 ~
`
`, held in and for
`
`White Plains, N.Y.
`
`10601 on Ihe..J!6~lay Of~7
`
`al9:30 o'clock a.m. inthe forenoon of that day,
`
`.
`
`WHY an Order should not be made and entered herein granting the following relief:
`
`
`
`1 of 41 of 4
`
`

`

`
`FILED: WESTCHESTER COUNTY CLERK 07/21/2017 01:29 PMFILED: WESTCHESTER COUNTY CLERK 07/24/2017 04:11 PM
`
`NYSCEF DOC. NO. 321NYSCEF DOC. NO. 322
`
`RECEIVED NYSCEF: 07/21/2017RECEIVED NYSCEF: 07/24/2017
`
`
`
`INDEX NO. 69292/2014INDEX NO. 69292/2014
`
`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.
`
`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 .
`
`.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
`
`2
`
`
`
`2 of 42 of 4
`
`

`

`
`FILED: WESTCHESTER COUNTY CLERK 07/21/2017 01:29 PMFILED: WESTCHESTER COUNTY CLERK 07/24/2017 04:11 PM
`
`NYSCEF DOC. NO. 321NYSCEF DOC. NO. 322
`
`RECEIVED NYSCEF: 07/21/2017RECEIVED NYSCEF: 07/24/2017
`
`
`
`INDEX NO. 69292/2014INDEX NO. 69292/2014
`
`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;
`
`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;
`
`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 ;
`
`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
`
`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.
`
`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)
`
`4.
`
`5.
`
`6.
`
`7.
`
`8.
`
`9.
`
`For such other and further relief as is just, proper and equitable.
`
`SUFFICIENT CAUSE APPEARING THEREFOR, LET service ora copy oftbis Order
`
`to Show Cause, and the papers upon which it is based upon Robert L. Goldberg, Esq., attorney
`
`for defendant JORAM J. AIDS, at 767 Third Avenue, 24th FIr., New Yor!c, N. Y. 10017 by
`
`3 of 43 of 4
`
`

`

`
`FILED: WESTCHESTER COUNTY CLERK 07/21/2017 01:29 PMFILED: WESTCHESTER COUNTY CLERK 07/24/2017 04:11 PM
`
`NYSCEF DOC. NO. 321NYSCEF DOC. NO. 322
`
`RECEIVED NYSCEF: 07/21/2017RECEIVED NYSCEF: 07/24/2017
`
`
`
`INDEX NO. 69292/2014INDEX NO. 69292/2014
`
`service via the Eel' filing system before the --.ZlL'Jay
`
`ofJuly, 20]7, be deemed good and
`
`sufficient service.
`
`4
`
`
`
`4 of 44 of 4
`
`

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