Preview
FILED: WESTCHESTER COUNTY CLERK 11/01/2021 11:04 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 687 RECEIVED NYSCEF: 11/04/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
PAMELA GOLDSTEIN,
ELLYN & TONY BERK, as Administrators
of the Estate of Winifred Berk, and Index No. 60767/2018
PAUL BENJAMIN, on behalf of Hon. Linda S. Jamieson
themselves and all others similarly Motion Sequence 5
situated,
NOTICE OF MOTION
Plaintiffs, FOR CLASS CERTIFICATION
v.
HOULIHAN/LAWRENCE INC.,
Defendant.
PLEASE TAKE NOTICE that pursuant to CPLR 901 and 902, in accordance
with the Order entered by the Court on June 16, 2021 (Dkt. 682), and upon the
accompanying Affirmation of Jeremy C. Vest, sworn to on November 1, 2021 and the
exhibits annexed thereto and submitted herewith, and upon Plaintiffs’ Memorandum
of Law in Support of their Motion for Class Certification and all supporting papers
annexed thereto and submitted herewith, Plaintiffs, by their undersigned attorneys,
will move this Court at the Commercial Division Part, Room 103, Supreme Court,
Westchester County Courthouse, 111 Dr. Martin Luther King Jr. Blvd., White
Plains, New York 10601, on December 27, 2021 at 9:30 a.m, or at a date and time to
be determined by the Court, for an Order pursuant to the CPLR provisions identified
above granting Plaintiffs’ Motion for Class Certification, certifying the class defined
therein, appointing Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. and Boies
Schiller Flexner LLP as co-counsel for the class, and granting such additional or
alternative relief for Plaintiffs as the Court deems appropriate under the
circumstances.
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FILED: WESTCHESTER COUNTY CLERK 11/01/2021 11:04 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 687 RECEIVED NYSCEF: 11/04/2021
PLEASE TAKE FURTHER NOTICE that, pursuant to the Order entered by
the Court on June 16, 2021 (Dkt. 682), papers in opposition hereto shall be served on
or before December 6, 2021 and reply papers shall be served on or before December
24, 2021.
Dated: New York, New York
November 1, 2021
By:
Jeremy Vest, Esq.
MINTZ, LEVIN, COHN, FERRIS,
GLOVSKY AND POPEO, P.C.
Chrysler Center
666 Third Avenue
New York, NY 10017
William S. Ohlemeyer, Esq.
BOIES SCHILLER FLEXNER LLP
333 Main Street
Armonk, NY 10504
Attorneys for Plaintiffs
To:
Alfred E. Donnellan
Nelida Lara
DELBELLO DONNELLAN WEINGARTEN
WISE & WIEDERKEHR LLP
One North Lexington Avenue
White Plains, New York 10601
Robert D. MacGill (Pro Hac Vice)
Matthew Ciulla (Pro Hac Vice)
MACGILL PC
Circle Tower Building
55 Monument Circle
Suite 1200C
Indianapolis, IN 46204
Attorneys for Defendant Houlihan Lawrence, Inc.
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