On July 14, 2018 a
Exhibit,Appendix
was filed
involving a dispute between
Ellyn Berk,
Pamela Goldstein,
Paul Benjamin,
Tony Berk,
and
Houlihan Lawrence Inc.,
for Commercial Division
in the District Court of Westchester County.
Preview
FILED: WESTCHESTER COUNTY CLERK 10/01/2018 05:13 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 298 RECEIVED NYSCEF: 10/01/2018
EXHIBIT 113
FILED: WESTCHESTER COUNTY CLERK 10/01/2018 05:13 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 298 RECEIVED NYSCEF: 10/01/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
---------------------------------------------------X
PAMELA GOLDSTEIN, on behalf of herself and all
others similarly situated, AFFIDAVIT IN SUPPORT
Plaintiff, Index No. 60767/2018
-against-
Hon. Linda S. Jamieson
HOULIHAN/LAWRENCE INC.,
Defendant.
-------------------------------------------------X
STATE OF NEW YORK )
) ss:
COUNTY OF WESTCHESTER )
Nicole Corrado, being duly sworn, hereby deposes and says as follows:
1. I am Nicole Corrado. At all times relevant to the facts asserted in this affidavit I
was the Executive Assistant to The Gino Bello Home Sales Team.
2. I make this affidavit based on my personal knowledge as a result of my position
as the Executive Assistant to The Gino Bello Home Sales Team. I submit this affidavit in
support of Houlihan Lawrence's motion to dismiss.
3. I worked on plaintiff Pamela Goldstein's transaction, which is the subject of this
action, and had access to documents relating to her transaction.
4. On March 29, 2017, I provided Ms. Goldstein a set of disclosure and
informational documents, including the statutory
disclosure form required by Section 443. That
same day, Ms. Goldstein returned to me, by fax, the executed disclosure form attached as Exhibit
1. The form Ms. Goldstein returned did not include the handwritten agent names for Dan
FILED: WESTCHESTER COUNTY CLERK 10/01/2018 05:13 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 298 RECEIVED NYSCEF: 10/01/2018
Cezimbra and Gino Bello as shown on the second page of Exhibit 1. Rather, I added those
names to the fax I received from Ms. Goldstein.
5. Attached as Exhibit 2 is the executed Purchase Agreement for Ms. Goldstein's
purchase of the residential property located at 6 Wellingtön Terrace, White Plains, NY 10607.
6. Attached as Exhibit 3 is the Exclusive Right to Sell Agreement, executed by Gino
Bello and the sellers of the
property Ms. Qoldstein pur chased.
WHEREFORE, your depanent requests that this Court grant Defendant's
respectfully
instant motion in.its entirety, together with such other, further and different relief as this Court
inay deemjust and proper in the circumstances and the costs and disbitrsements of this motion.
cole Corrado
Sw rn to be re me this ..
day o 2018
NO Y UB
JUDITH ANN SDtWA
Stateof New Wrk
Notary Public,
No.01S050B5613.
00)fland lhW6MCour
Commission E Iros0949/2021
2
Document Filed Date
October 01, 2018
Case Filing Date
July 14, 2018
Category
Commercial Division
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: WESTCHESTER COUNTY CLERK 10/01/2018 05:13 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 298 RECEIVED NYSCEF: 10/01/2018 EXHIBIT 113 FILED: WESTCHESTER COUNTY CLERK 10/01/2018 05:13 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 298 RECEIVED NYSCEF: 10/01/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER ---------------------------------------------------X PAMELA GOLDSTEIN, on behalf of herself and all others similarly situated, AFFIDAVIT IN SUPPORT Plaintiff, Index No. 60767/2018 -against- Hon. Linda S. Jamieson HOULIHAN/LAWRENCE INC., Defendant. -------------------------------------------------X STATE OF NEW YORK ) ) ss: COUNTY OF WESTCHESTER ) Nicole Corrado, being duly sworn, hereby deposes and says as follows: 1. I am Nicole Corrado. At all times relevant to the facts asserted in this affidavit I was the Executive Assistant to The Gino Bello Home Sales Team. 2. I make this affidavit based on my personal knowledge as a result of my position as the Executive Assistant to The Gino Bello Home Sales Team. I submit this affidavit in support of Houlihan Lawrence's motion to dismiss. 3. I worked on plaintiff Pamela Goldstein's transaction, which is the subject of this action, and had access to documents relating to her transaction. 4. On March 29, 2017, I provided Ms. Goldstein a set of disclosure and informational documents, including the statutory disclosure form required by Section 443. That same day, Ms. Goldstein returned to me, by fax, the executed disclosure form attached as Exhibit 1. The form Ms. Goldstein returned did not include the handwritten agent names for Dan FILED: WESTCHESTER COUNTY CLERK 10/01/2018 05:13 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 298 RECEIVED NYSCEF: 10/01/2018 Cezimbra and Gino Bello as shown on the second page of Exhibit 1. Rather, I added those names to the fax I received from Ms. Goldstein. 5. Attached as Exhibit 2 is the executed Purchase Agreement for Ms. Goldstein's purchase of the residential property located at 6 Wellingtön Terrace, White Plains, NY 10607. 6. Attached as Exhibit 3 is the Exclusive Right to Sell Agreement, executed by Gino Bello and the sellers of the property Ms. Qoldstein pur chased. WHEREFORE, your depanent requests that this Court grant Defendant's respectfully instant motion in.its entirety, together with such other, further and different relief as this Court inay deemjust and proper in the circumstances and the costs and disbitrsements of this motion. cole Corrado Sw rn to be re me this .. day o 2018 NO Y UB JUDITH ANN SDtWA Stateof New Wrk Notary Public, No.01S050B5613. 00)fland lhW6MCour Commission E Iros0949/2021 2