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 05/24/2019 10:47 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 555 RECEIVED NYSCEF: 05/24/2019
Exhibit C
FILED: WESTCHESTER COUNTY CLERK 05/24/2019 10:47 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 555 RECEIVED NYSCEF: 05/24/2019
From: Shari Hochberg
Sent: Thursday, May 23, 2019 2:28 PM
To: Jeremy Vest
Cc: PhilipM. Halpern; William Ohlemeyer; Paul Fattaruso; MacGill, Robert;
Lindemann, Jessica
Subject: Re: HL: Proposed Stipulation
-- We have discussed your proposed stipulation and are not to sign it.
Jeremy going
Shari B. Hochberg, Esq.
Collier Halpern & Newberg, LLP
One North Lexington Avenue
White Plains, NY 10601
t.914-684-6800
f.914-684-6986
email: shochberq@chnnb.com
On 2019 at 1:22 PM Vest wrote:
Thu, May 23, Jeremy
Mr. Halpern,
Please let me know when can I expect to hear from you regarding our proposed
stipulation.
Regards,
Jeremy
1
FILED: WESTCHESTER COUNTY CLERK 05/24/2019 10:47 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 555 RECEIVED NYSCEF: 05/24/2019
Jeremy Vest
Partner
BOIES SCHILLER FLEXNER LLP
333 Main Street
Armonk, NY 10504
(t)+1 914 749 8305
(f)+1 914 749 8300
ivest@bsflip.com
www.bsfllp.com
From: Philip M. Halpern [mailto:phalpern@chnnb.coml
Sent: Wednesday, May 22, 2019 12:51 PM
To: Vest
Jeremy
Cc: Willi::m Ohlemeyer ; Paul Fattaruso ;
Hochberg (shochberg@chiiiib.com) ; rulacGill, Robert
; Lindemann, Jessica
Subject: Re: HL: Proposed Stipulation
FILED: WESTCHESTER COUNTY CLERK 05/24/2019 10:47 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 555 RECEIVED NYSCEF: 05/24/2019
One North Lexington Avenue
15th Floor
White Plains, NY 10601
t. 914-684-6800 ext. 120
f. 914-684-6986
phalpern@chnnb.com
------ Original Message ------
Vest"
From: "Jeremy
"phalpern@chnnb.com"
To:
Ohlemeyer" Fattaruso"
Cc: "William ; "Paul
(shochberq@chnnb.com)"
; "Shari Hochberg
Robert"
; "MacGill, ;
Jessica"
"Lindemann,
Sent: 5/22/2019 10:47:23 AM
Subject: HL: Proposed Stipulation
Mr. Halpern,
I write in regards to the Court's May 21 e-mail directing Plaintiffs to "winnow
down the second amended complaint to reflect solely the remaining causes of
action."
Plaintiffs re-alleged the second and fourth causes of action in the Second Amended
Complaint-while expressly acknowledging the Supreme Court's April 2019 Order
granting Houlihan Lawrence's motion to dismiss those causes of action-in order
to preserve that the Court's April 8, 2019 Order granting dismissal of those causes
3
FILED: WESTCHESTER COUNTY CLERK 05/24/2019 10:47 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 555 RECEIVED NYSCEF: 05/24/2019
of action will necessarily affect the final judgment in this action, including for
purposes of CPLR 5501, and to prevent any failure to re-assert the causes of action
from being construed as a waiver or from being asserted to render moot or
academic any appeal from the April 8, 2019 Order.
As you may know, given your role as mediator of the FPC v.ERP case, we
encountered a similar issue in that case. As reflected in the attached stipulation
so-ordered by Justice Scheinkman, the Court directed FPC to remove dismissed
causes of action from the amended pleading but encouraged the parties to
stipulate that their removal would not render any appeal of the order dismissing
them moot or academic.
Consistent with the resolution of this issue in FPC v. ERP, we propose that the
parties enter into the attached stipulation to facilitate compliance with the Court's
instructions.
I'm available today if you'd like to discuss by phone.
Regards,
Jeremy
Jeremy Vest
Partner
4
FILED: WESTCHESTER COUNTY CLERK 05/24/2019 10:47 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 555 RECEIVED NYSCEF: 05/24/2019
BOIES SCHILLER FLEXNER LLP
333 Main Street
Armonk, NY 10504
(t) +1914 749 8305
(f) +1914 749 8300
ivest@.bsfIlo.com
www.bsfllp.com
The information contained in this electronic message is confidential information Intended only for the use of the named recipient(s) and
may contain information that, among other protections, is the subject of attorney-client privilege, attorney work product or exempt from
disclosure under applicable law. If the reader of this electronic message is not the named recipient, or the employee or agent responsible
to deliver it to the named recipient, you are hereby notified that any dissemination, distribution, copying or other use of this communication
is strictly prohibited and no privilege is waived. If you have received this communication in error, please immediately notify the sender by
replying to this electronic message and then deleting this electronic message from your computer. [v.1 08201831BSF]
5
Document Filed Date
May 24, 2019
Case Filing Date
July 14, 2018
Category
Commercial Division
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Preview
FILED: WESTCHESTER COUNTY CLERK 05/24/2019 10:47 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 555 RECEIVED NYSCEF: 05/24/2019 Exhibit C FILED: WESTCHESTER COUNTY CLERK 05/24/2019 10:47 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 555 RECEIVED NYSCEF: 05/24/2019 From: Shari Hochberg Sent: Thursday, May 23, 2019 2:28 PM To: Jeremy Vest Cc: PhilipM. Halpern; William Ohlemeyer; Paul Fattaruso; MacGill, Robert; Lindemann, Jessica Subject: Re: HL: Proposed Stipulation -- We have discussed your proposed stipulation and are not to sign it. Jeremy going Shari B. Hochberg, Esq. Collier Halpern & Newberg, LLP One North Lexington Avenue White Plains, NY 10601 t.914-684-6800 f.914-684-6986 email: shochberq@chnnb.com On 2019 at 1:22 PM Vest wrote: Thu, May 23, Jeremy Mr. Halpern, Please let me know when can I expect to hear from you regarding our proposed stipulation. Regards, Jeremy 1 FILED: WESTCHESTER COUNTY CLERK 05/24/2019 10:47 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 555 RECEIVED NYSCEF: 05/24/2019 Jeremy Vest Partner BOIES SCHILLER FLEXNER LLP 333 Main Street Armonk, NY 10504 (t)+1 914 749 8305 (f)+1 914 749 8300 ivest@bsflip.com www.bsfllp.com From: Philip M. Halpern [mailto:phalpern@chnnb.coml Sent: Wednesday, May 22, 2019 12:51 PM To: Vest Jeremy Cc: Willi::m Ohlemeyer ; Paul Fattaruso ; Hochberg (shochberg@chiiiib.com) ; rulacGill, Robert ; Lindemann, Jessica Subject: Re: HL: Proposed Stipulation FILED: WESTCHESTER COUNTY CLERK 05/24/2019 10:47 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 555 RECEIVED NYSCEF: 05/24/2019 One North Lexington Avenue 15th Floor White Plains, NY 10601 t. 914-684-6800 ext. 120 f. 914-684-6986 phalpern@chnnb.com ------ Original Message ------ Vest" From: "Jeremy "phalpern@chnnb.com" To: Ohlemeyer" Fattaruso" Cc: "William ; "Paul (shochberq@chnnb.com)" ; "Shari Hochberg Robert" ; "MacGill, ; Jessica" "Lindemann, Sent: 5/22/2019 10:47:23 AM Subject: HL: Proposed Stipulation Mr. Halpern, I write in regards to the Court's May 21 e-mail directing Plaintiffs to "winnow down the second amended complaint to reflect solely the remaining causes of action." Plaintiffs re-alleged the second and fourth causes of action in the Second Amended Complaint-while expressly acknowledging the Supreme Court's April 2019 Order granting Houlihan Lawrence's motion to dismiss those causes of action-in order to preserve that the Court's April 8, 2019 Order granting dismissal of those causes 3 FILED: WESTCHESTER COUNTY CLERK 05/24/2019 10:47 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 555 RECEIVED NYSCEF: 05/24/2019 of action will necessarily affect the final judgment in this action, including for purposes of CPLR 5501, and to prevent any failure to re-assert the causes of action from being construed as a waiver or from being asserted to render moot or academic any appeal from the April 8, 2019 Order. As you may know, given your role as mediator of the FPC v.ERP case, we encountered a similar issue in that case. As reflected in the attached stipulation so-ordered by Justice Scheinkman, the Court directed FPC to remove dismissed causes of action from the amended pleading but encouraged the parties to stipulate that their removal would not render any appeal of the order dismissing them moot or academic. Consistent with the resolution of this issue in FPC v. ERP, we propose that the parties enter into the attached stipulation to facilitate compliance with the Court's instructions. I'm available today if you'd like to discuss by phone. Regards, Jeremy Jeremy Vest Partner 4 FILED: WESTCHESTER COUNTY CLERK 05/24/2019 10:47 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 555 RECEIVED NYSCEF: 05/24/2019 BOIES SCHILLER FLEXNER LLP 333 Main Street Armonk, NY 10504 (t) +1914 749 8305 (f) +1914 749 8300 ivest@.bsfIlo.com www.bsfllp.com The information contained in this electronic message is confidential information Intended only for the use of the named recipient(s) and may contain information that, among other protections, is the subject of attorney-client privilege, attorney work product or exempt from disclosure under applicable law. If the reader of this electronic message is not the named recipient, or the employee or agent responsible to deliver it to the named recipient, you are hereby notified that any dissemination, distribution, copying or other use of this communication is strictly prohibited and no privilege is waived. If you have received this communication in error, please immediately notify the sender by replying to this electronic message and then deleting this electronic message from your computer. [v.1 08201831BSF] 5