INDEX NO. 652032/2019 FILED: NEW YORK COUNTY CLERK 04/25/2019 10:28 PM NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 04/25/2019 SUPREME COURT COUNTY JULIE STATE BRUCE STEAMER, STEAMER THE NEW YORK OF NEW YORK OF B. OF HART HART G. and LLP, Index 652032/19 No. Plaintiffs, OF AFFIDAVIT JULIE STEAMER. B. ESQ. -against- JEFFREY A. MALONEY MICHAEL RINDE, CKR and LAW JAMES LLP, Defendants. STATE NEW YORK OF ) ) COUNTY JULIE law I practice and show I both action submit cause, STEAMER, B. 1. this NEW YORK OF am a this member with in seeks my as a compel of partner to the we as New the Steamer in G. Bruce husband, states hereby standing opposition to sworn duly good in and affidavit which ) being individually together ss.: Hart, motion. plaintiffs follows: York bar. Hart LLP, who is brought to as arbitrate on I which a also by our am the is named a law the named plaintiff firm plaintiff. defendants disputes [ by with in motion As explained should be denied below and in the accompanying because: 1 of 6 memorandum of order the defendants' law, which make defendants. 2. in to INDEX NO. 652032/2019 FILED: NEW YORK COUNTY CLERK 04/25/2019 10:28 PM NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 04/25/2019 -- defendants (a) entire cost in the (b) Mr. Hart (c) we signed that --it to mediate and -- have failed mediation arbitration I never and provision signed any - was basis and predicate Fn seeking funds. with In it, we for to induce We the and our LLP's for seek this us clients; monies (ii) as we but then the defendants; as forrn at the to bear a clear motion cciidition the defendants; to a partnership time the is based; with referred legal under and in costs direct resuit expended a declaration attomeys' (v) fraud agreement to which and we never and of the for James that fees Mr. and that relief; refused for defendants CKR Law and I are (A copy and to the to us LLP. (iii) and of the law and never Summons LLP. $22,785.71 firm, which due demand by out of CKR Law us reimbursement in writing agreed were partners Law of the $23,935.45 specifically not CKR despite client never defendant into moving of 1 were (i) turnover fraud; Rinde conversion in defendant over by us blatant defendant costs. clients to pay incurred Hart or Hart specifically our by and Mr. Maloney defendants' which the in defendant inducement, confirming actually against Action in the pretences claim partners This equitable false is our to become of or Michael $7,946.50 (iv) Exhibit Rinde converted actually and their which action judgment illegally the reneged; for fraud, both paid have offices attached A. mistakenly defendants action a declaratory Jeffrey 4. in monies is an seek defendants with agreement partnership in draft Nature This to comply plaintiffs and fraud 3. to force seeking on which Agreement" a "Joinder only is undisputed agreed; the refusing of any precedent (d) by law with to with partners Notice pay, is A). 2 2 of 6 INDEX NO. 652032/2019 FILED: NEW YORK COUNTY CLERK 04/25/2019 10:28 PM NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 04/25/2019 Background: 5. did to Mr. spend the of did - -- sign a of thousands clients dollars we work for No Written On 7. and I did The a document sign Joinder is attached We 8. become partners equity (Exhibit B), the CKR Restated Amended 9, Draft and going to sign it. was told that CKR never led Law fim1 Was we we 2018, never agreed as (the "August the result 1 Joinder regarding terms of the Mr. same time converted the extended an Mr. of Hart August the Addendum 1 (Exhibit C). distributions, Steamer Ms. our bill Parties copy year-end draws, we of negotiations, A referenced I and tens that Between of and Hart them. to Joinder"). deal which demanded To committed Maloney the unethically Agreed and 1 At received money and "Joinder", outrageously terms and Hart Mr. defendants. Messrs. by on of Spring but Rinde agreed. law the pay (Exhibit and Rinde terms the C), Agreement Partñérship and conditions and reflected which was to Maloney stated then in the in draft that we August 1 believe in that proposed Third form (the the Thini had Joinder Amended "Third D). my defendant prepare immediately But in evidence by sure Addendum Law j did the with never then August material be (Exhibit Draft") other to referenced That economic reached were and "Joinder" B. and been and following entitled specific bonuses had 2018, Exhibit stated performance and as Addendum understood 1, the Maloney, entitled their Agreement Partnerghip August and doing. In and Messrs. we which to monies were Partnershin LLP. Rinde document the defendants and did connect clients' Law paragraphs, agreernent our Possible agreement. following to CKR in defendants partnership individual of partners with the seeking the never oral in partnership thereafter, shortly or explained falsely with were A Concernina negotiating written any As fraud I months 6. outright and Hart several terms Negotiations assent Rinde, the Third to the CKR Amended terms material Law's Managing Draft in final set forth that Partner, and in that he Mr. (Mr. Amended Maloney Rinde) was would happened! 3 3 of 6 INDEX NO. 652032/2019 FILED: NEW YORK COUNTY CLERK 04/25/2019 10:28 PM NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 04/25/2019 On 10. Mr. Maloney of draft and in and did Joinder the fact in any in place for use in Esq. with possibly prior to joinder" its CKR joining attached on filing LLP. the to April We and binding arbitration only a time most short do so, makes we clear So agreement partnership October position with concerning was other Fawyers Mr. hart or about and to - rêviswsd those saw I never M. Kristie counsel, day purported seen never same the the Blase, were our disputes and with we although JAMS. before not Mediation claims nor party against the We were thought the defendants in physically it the and provident to mandatoty CKR space that it would for be defendants. were not Our subject compelled submis8ion to by to any written that we any JAMS agreement (Exhibit to G) partnership defendants: the in we that of duped 2018, mediate to had -- and defendants' contend. falsely our 25, JAMS all we were mediate sought voluntarily (A) dispute on of agreed carûpensation 8 August executed we Indeed, F) affirmation submit defendants to (Exhibit Thwarted to realizing seek to our agreed as before expedient 13. never with having on they that I never 2010. 11, The 12. were they Law -- agreement negotiations us earlier Addendum. that with our for an to and Hart Mr. provision upon leamed Switcheroo" partnership no agreed Fater which to made be to We "Joinder revised connection bs isvad pages and he 1 Joinder, signature E), Joinder Draft oversight. the a materially "sigried the mere effected Maloney individuals alleged no 15 August the parties' the (Exhibit Joinder") July countersigned attached Draft reference was This and That way R[nde Mr. fraudulently 15 "July rejected. flatly not put and (the when 2018. 8, surreptitiously 11. Rinde August the "Nature the formed" of alleged Dispute" we section, formation (emphasis of added); a new specified partnership. "seek0 ClaImant the resolution disp•Aes of that a any and 4 4 of 6 INDEX NO. 652032/2019 FILED: NEW YORK COUNTY CLERK 04/25/2019 10:28 PM NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 04/25/2019 the in (B) submittal JAMS to parties." was (emphasis any arbitiaticrL their motion qood based JAMS the expressly and as states "All negotiation to the express us require 17. that "the not simply that the the asserting regard as of the the the any takes mediation seeking on arbitration which before defendants - arbitration That place. costs on rely that be there provision "attempt to resolve on contract dispAes any cannot which be faith because disputed defendants the good by sought they rely contrary to mediation. of requires be faith arbitration?' to to any defendants' plaintiffs which (to good by 7) (Affimiation "aibitration" The of to of "agreement" claim, 4 disputes any submitting provision any bome to we 100% pay never which of costs" the Partner the defendants M. Kristie NOT does agreed) by exclusively language, counsel of so drafted, the state. we (which Blase specifically never at para.16) mediation It is says only became) states in that follows: as to the exclusively by be JAMS cost the obliged commencing Submission commenced proceedings Ccmmittee, shall G: were to arbitration" claim "Except (Exhibit any before contract entire That of cost we that precedent resolve submitting Agreement true. which between agreernent partnership condition to failed before Defendants Arbitration clear alleged before Page defendants the pay a the mediation or terms to as attempt shall mediation or on provision the partnership made in -- Submission That 16. identified follows. parties JAMS G: "s: sgad also mediation negotiation (Exhibit the orovision reouired negatiation specifically as subiriission Indeed, faith and we section added). Our 14. Agreement" "Arbitration any Partner arbitration asserting advance to any of such costs by the be shall the and Executive claIm, expenses bome which party before proceedings." Page 4 of 7) (emphasis added) 5 5 of 6 INDEX NO. 652032/2019 FILED: NEW YORK COUNTY CLERK 04/25/2019 10:28 PM NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 04/25/2019 The 18. 100% pay of costs the Agreement on in which good that we when clear faith were thus, motion to did for not so agree. By the entire to negotiate failing precedent condition the compel is the requiring cost in of and the party a asserting to negotiate mediation in of and good agreement on terms specific attempt to advance in mediate alleged very required based, failed the and clear mediation question without pay about nothing under and negotiation we 21. the their says claim mediation! any Defendants 20. insistiñg of Defendants 19. disputes agreement alleged to any arbitration. and mediate unilaterally the any good failed claim faith is by mediate to refusing their Arbitration resolve in faith,defendants which of to comply with based. Conclusion 22. Memorandum Swom on to of b defendants' Law, all of these motion reasons to compel and those stated should arbitration in the in accompanying all respeds be denied. me fore 19 AprilZi Notary for Accordingly. PutÌÏic RICARDO D GUILt.OT M - State of New Nolary Pudic NO 0IGU62650 QJBMied ID heW 00Unly Em2es Jan 6. 2022 My Commision Julie 8 Steamer 6 6 of 6