Rebecca Akua Amoah

This is a costs endorsement following appeals and cross-appeals in three inter-related actions.

The Court of Appeal had previously granted Samuel Jacob Berkovits' appeal in the "Murder for Hire Action" and dismissed all other appeals and cross-appeals brought by Harold Gerstel and the Gerstel parties.

The parties were unable to agree on costs.

The court found the Berkovits parties to be more successful overall.

It ordered Harold Gerstel to pay $28,000 in all-inclusive costs to Samuel Jacob Berkovits for his unsuccessful cross-appeal in the Murder for Hire Action.

Additionally, the Gerstel parties were held jointly and severally liable to the Berkovits parties for $28,000 in all-inclusive costs for their unsuccessful appeal in the Interference Action.

No costs were awarded in the "Town Crier Action" due to divided success.

Maria Konstan and Samuel Jacob Berkovits had already settled their costs for the Murder for Hire appeal and trial.

This decision addresses consolidated appeals and cross-appeals arising from a protracted "turf war" between two competing cash-for-gold businesses, operated by Harold Gerstel and Samuel Jacob Berkovits (Jack).

The litigation involved three main actions: the "Murder for Hire Action" (malicious prosecution, abuse of process, intentional infliction of emotional distress), the "Interference Action" (nuisance, intentional interference with economic relations), and the "Town Crier Action" (defamation).

The trial judge found Jack liable for abuse of process to Maria Konstan (Harold's employee), Harold liable to Jack for nuisance and intentional interference, and Harold liable to Jack for defamation.

On appeal, the Court of Appeal granted Jack's appeal, setting aside the finding that he was liable to Maria for abuse of process, by clarifying the stringent "initiation" requirement for private complainants in such torts.

All other appeals and cross-appeals, including Harold's challenges to liability and damages for nuisance/interference, and Jack's cross-appeal for aggravated/punitive defamation damages, were dismissed.