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 12/06/2021 04:42 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 937 RECEIVED NYSCEF: 12/06/2021
HOULIHAN LAWRENCE
OPPOSITION TO MOTION TO CERTIFY
EXHIBIT 45
HL OPP. - EXHIBIT 45 - PAGE 1
FILED: WESTCHESTER COUNTY CLERK INDEX
12/06/2021 NO. 60767/2018
04:42 PM
NYSCEF DOC. NO. 937 RECEIVED NYSCEF: 12/06/2021
TABLE OF CURRENT PAGES
STATE
Listed below in consecutive order with their dates of issue are all current page numbers for
this binder after filing supplement number 11 dated 11/30/94. Subscribers may use this table to
verify that supplements have been properly filed and that pages or subjects referenced bear the
latest date of issue.
When the monthly supplementation contains no pages for this binder the table will not be
reissued. The subscriber will find it useful to check the appropriate box to indicate that the table
remains valid for that month.
[:i No. 1, January [:i No. 4, April (:i No. 7, July [:i No. 10, October
[:i No. 2, February[:i No. 5, May [:i No. 8, August r:iNo. 11, November
[:i No. 3, March [:i No. 6, June [:i No. 9, SeptemberD No. 12, December
1 Title and Copyright 55 135-136 12-31-82
2 iii-iv 56 136.1-136.2 12-31-82
3 v-vi 57 136.3-136.4 12-31-82
4 vii.viii 58 136.5-136.6 12-31-82
5 TAB: Current Pages 59 136. 7-136.8 12-31-82
6 ix-x 11-30-94 60 136.9-136.10 6-30-80
7 xi-xii 11-30-94 61 136.11-136.12 6-30-80
8 TAB: Title 19 62 136.13-136.14 12-31-81
9 1-2 11-30-94 63 136.15-136.16 4-30-92
10 3-4 3-31-94 64 TAB: Part 160/Ch. V
11 4.1-4.2 7-31-94 65 137-None 6-30-92
12 TAB: Part 1/Ch. I 66 139-140 11-30-94
13 7-8 9-30-74 67 141-142 11-30-94
14 9-10 9-30-74 68 142.1-142.2 11-30-94
15 11-12 9-30-74 69 142.3-142.4 11-30-94
16 13-14 9-30-74 70 142.5-142.6 11-30-94
17 15-16 9-30-74 71 142.7-None 11-30-94
18 17-18 9-30-74 72 142.9-None 5-31-94
19 19-20 9-30-74 73 142.11-142.12 5-31-94
20 21-22 9-30-74 74 142.13-142.14 5-31-94
21 TAB: Part 80/Ch. II 75 142.15-142.16 5-31-94
22 63-64 2-29-88 76 142.17-142.18 5-31-94
23 65-66 2-29-88 77 142.19-142.20 5-31-94
24 67-68 2-29-88 78 142.21-None 5-31-94
25 69-70 2-29-88 79 143-144 11-30-82
26 71-72 2-29-88 80 145-146 11-30-82
27 73-74 2-29-88 81 146.1-None 11-30-82
28 75-None 2-29-88 82 147-148 5-31-94
29 77-78 9-30-74 83 148.1-148.2 12-31-93
30 79-80 9-30-74 84 148.3-148.4 5-31-94
31 81-82 9-30-74 85 148.5-148.6 5-31-94
32 83-84 9-30-74 86 148.6a-None 12-31-93
33 85-86 9-30-74 87 148.7-148.8 12-31-93
34 87-88 9-30-74 88 148.9-148.10 12-31-93
35 89-90 9-30-74 89 148.11-None 12-31-93
36 91-92 9-30-74 90 149-150 6-30-93
37 TAB: Part 130/Ch. III 91 150.1-150.2 11-30-94
38 119-None 4-30-92 92 150.3-150.4 11-30-94
39 121-122 1-31-89 93 150.5-150.6 11-30-94
40 123-124 1-31-89 94 151-152 8-31-93
41 132.1-132.2 4-30-92 95 152.1-152.2 8-31-93
42 132.3-132.4 4-30-92 96 152.2a-None 8-31-93
43 132.5-132.6 4-30-92 97 152.3-152.4 11-30-79
44 132.7-132.8 4-30-92 98 152.5-152.6 3-31-83
45 132.9-None 4-30-92 99 152.7-152.8 3-31-83
46 132.13-132.14 1-31-66 100 152.9-152.10 8-31-93
47 132.15-132.16 7-31-70 101 152.11-152.12 8-31-93
48 132.17 -None 8-31-63 102 152.13-152.14 6-30-93
49 132.19-132.20 8-31-86 103 153-154 7-31-68
50 132.21-132.22 6-30-82 104 155-156 3-31-83
51 132.23-132.24 9-30-86 105 157-158 3-31-83
52 132.25-None 8-31-86 106 158.1-158.2 4-30-85
53 TAB: Part 145/Ch. IV 107 158.3-158.4 4-30-85
54 133-None 1-31-92 108 158.5-158.6 3-31-83
ix ST 11-30-94
HL OPP. - EXHIBIT 45 - PAGE 2
FILED: WESTCHESTER COUNTY CLERK INDEX
12/06/2021 NO. 60767/2018
04:42 PM
NYSCEF DOC. NO. 937 RECEIVED NYSCEF: 12/06/2021
TITLE 19
DEPARTMENT OF STATE
Table of Contents
Summary Table
PART
Chapter I [ Reserved]
. Chapter IIPublic Access to Records 81
· Chapter IIIAdministration
Subchapter A Bureau of State Records and Law 130
Subchapter B Land Offerings 135
Subchapter C Trademarks and Service Marks 140
Subchapter D Uniform Commercial Code 143
Chapter IV Division of Corporations and State Records 145
Chapter V Division of Llcensing Services
Subchapter A Hairdressing and Cosmetology 160
Subchapter B Barbering 165
Subchapter C Private Investigators and Watch, Guard and Patrol Agencies 170
Subchapter D Real Estate Brokers and Salesmen 175
Subchapter E Upholstered Furniture and Bedding 180
Subchapter F Apartment Information Vendors 190
Subchapter G Hearing Aid Dealers 191
Subchapter H Security and Fire Alarm Systems 195
Chapter VI Division of Cemeteries 200
Chapter VII State Athletic Commission ·
Subchapter A Definitions and Rules of Construction 205
Chapter VIII [Reserved]
Chapter IX Submission of Notices and Filings in Relation to Agency Rule
Making Action 260
Chapter X Division for Servicemen's Voting
Subchapter A The General Election 330
Subchapter B Special Elections 345
Chapter XI Hearings 400
Chapter XII Office of Fire Prevention and Control 425
Chapter XIII Waterfront Revitalization and Coastal Resources 600
Chapter XIV Division of Economic Opportunity 700
Chapter XV Office of Charities Registration 800
1 ST 11-30-94
HL OPP. - EXHIBIT 45 - PAGE 3
FILED: WESTCHESTER COUNTY CLERK INDEX
12/06/2021 NO. 60767/2018
04:42 PM
NYSCEF DOC. NO. 937 RECEIVED NYSCEF: 12/06/2021
§ 175.4 TITLE 19 STATE
(b) A person, firm or corporation licensed or acting as a
real estate broker, and
having on deposit or otherwise .in custody or control any money furnished as security
by a tenant of real property, shall treat, handle and dispose of such money (including
any required interest thereon) in compliance with the requirements of section 7-103 of
the General Obligations Law. Failure to so comply, including failure to pay, apply or
credit any required interest, shall constitute grounds for disciplinary or other appro-
priate action by the Secretary of State.
Historical Note
Sec. amd. filed Nov. 16, 1972 eff. immediately.
Added (b).
175.4 Broker's purchase of property listed with him.
A real estate broker shall
not directly or indirectly buy for himself property listed with him, nor shall he acquire
any interest therein without first making his true position clearly known to the listing
owner.
175.5 Disclosure of interest to client.
Before a real estate broker buys property
for a client in the ownership of which the broker has an interest, he shall disclose his
interest to all parties to the transaction. ·
175.6 Broker's sale of property in which he owns an interest.
Before a real estate
broker sells property in which he owns an interest, he shall make such interest known
to the purchaser.
175.7 Compensation. A real estate broker shall make it clear for which party he
is acting and he shall not receive compensation from more than one party except with
the full knowledge and consent of all parties.
175.8 Negotiating with party to exclusive listing contract.
No real estate broker
shall negotiate the sale, exchange or lease of any property directly with an owner or
lessor if he knows that such owner, or lessor, has an existing written contract granting
exclusive authority in connection with such property with another broker.
175.9 Inducing breach of contract of sale or lease.
No real estate broker shall
induce any party to a contract of sale or lease to break such contract for the purpose of
substituting in lieu thereof a new contract with another principal.
175.10 Broker's offering property for sale must be authorized.
A real estate bro-
ker shall never offer a property for sale or lease without the .authorization of the owner.
175.11 Sign on property.No sign shall ever be placed on any property by a real
estate broker without the consent of the owner.
175.12 Delivering duplicate original of instrument.
A real estate broker shall im-
mediately deliver a ( )·I
duplicate original of any instrument to any party or parties exe-
,
cuting the same, where such instrument has been prepared by such broker or under his
supervision and where such instrument relates to the employment of the broker or to
any matters pertaining to the consummation of a
lease, or the purchase, sale or ex-
change of real property or any other type of real estate transaction in which he may
participate as a broker.
175.13 Accepting services of another broker's salesman or employee.
A real es-
tate broker shall not accept the services of any salesman or employee in the organization
of another real estate broker without the knowledge of the broker and no real estate
broker should give or permit to be given or directly offer to give anything of value for
150 ST 6-30-93
HL OPP. - EXHIBIT 45 - PAGE 4
Document Filed Date
December 06, 2021
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 12/06/2021 04:42 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 937 RECEIVED NYSCEF: 12/06/2021 HOULIHAN LAWRENCE OPPOSITION TO MOTION TO CERTIFY EXHIBIT 45 HL OPP. - EXHIBIT 45 - PAGE 1 FILED: WESTCHESTER COUNTY CLERK INDEX 12/06/2021 NO. 60767/2018 04:42 PM NYSCEF DOC. NO. 937 RECEIVED NYSCEF: 12/06/2021 TABLE OF CURRENT PAGES STATE Listed below in consecutive order with their dates of issue are all current page numbers for this binder after filing supplement number 11 dated 11/30/94. Subscribers may use this table to verify that supplements have been properly filed and that pages or subjects referenced bear the latest date of issue. When the monthly supplementation contains no pages for this binder the table will not be reissued. The subscriber will find it useful to check the appropriate box to indicate that the table remains valid for that month. [:i No. 1, January [:i No. 4, April (:i No. 7, July [:i No. 10, October [:i No. 2, February[:i No. 5, May [:i No. 8, August r:iNo. 11, November [:i No. 3, March [:i No. 6, June [:i No. 9, SeptemberD No. 12, December 1 Title and Copyright 55 135-136 12-31-82 2 iii-iv 56 136.1-136.2 12-31-82 3 v-vi 57 136.3-136.4 12-31-82 4 vii.viii 58 136.5-136.6 12-31-82 5 TAB: Current Pages 59 136. 7-136.8 12-31-82 6 ix-x 11-30-94 60 136.9-136.10 6-30-80 7 xi-xii 11-30-94 61 136.11-136.12 6-30-80 8 TAB: Title 19 62 136.13-136.14 12-31-81 9 1-2 11-30-94 63 136.15-136.16 4-30-92 10 3-4 3-31-94 64 TAB: Part 160/Ch. V 11 4.1-4.2 7-31-94 65 137-None 6-30-92 12 TAB: Part 1/Ch. I 66 139-140 11-30-94 13 7-8 9-30-74 67 141-142 11-30-94 14 9-10 9-30-74 68 142.1-142.2 11-30-94 15 11-12 9-30-74 69 142.3-142.4 11-30-94 16 13-14 9-30-74 70 142.5-142.6 11-30-94 17 15-16 9-30-74 71 142.7-None 11-30-94 18 17-18 9-30-74 72 142.9-None 5-31-94 19 19-20 9-30-74 73 142.11-142.12 5-31-94 20 21-22 9-30-74 74 142.13-142.14 5-31-94 21 TAB: Part 80/Ch. II 75 142.15-142.16 5-31-94 22 63-64 2-29-88 76 142.17-142.18 5-31-94 23 65-66 2-29-88 77 142.19-142.20 5-31-94 24 67-68 2-29-88 78 142.21-None 5-31-94 25 69-70 2-29-88 79 143-144 11-30-82 26 71-72 2-29-88 80 145-146 11-30-82 27 73-74 2-29-88 81 146.1-None 11-30-82 28 75-None 2-29-88 82 147-148 5-31-94 29 77-78 9-30-74 83 148.1-148.2 12-31-93 30 79-80 9-30-74 84 148.3-148.4 5-31-94 31 81-82 9-30-74 85 148.5-148.6 5-31-94 32 83-84 9-30-74 86 148.6a-None 12-31-93 33 85-86 9-30-74 87 148.7-148.8 12-31-93 34 87-88 9-30-74 88 148.9-148.10 12-31-93 35 89-90 9-30-74 89 148.11-None 12-31-93 36 91-92 9-30-74 90 149-150 6-30-93 37 TAB: Part 130/Ch. III 91 150.1-150.2 11-30-94 38 119-None 4-30-92 92 150.3-150.4 11-30-94 39 121-122 1-31-89 93 150.5-150.6 11-30-94 40 123-124 1-31-89 94 151-152 8-31-93 41 132.1-132.2 4-30-92 95 152.1-152.2 8-31-93 42 132.3-132.4 4-30-92 96 152.2a-None 8-31-93 43 132.5-132.6 4-30-92 97 152.3-152.4 11-30-79 44 132.7-132.8 4-30-92 98 152.5-152.6 3-31-83 45 132.9-None 4-30-92 99 152.7-152.8 3-31-83 46 132.13-132.14 1-31-66 100 152.9-152.10 8-31-93 47 132.15-132.16 7-31-70 101 152.11-152.12 8-31-93 48 132.17 -None 8-31-63 102 152.13-152.14 6-30-93 49 132.19-132.20 8-31-86 103 153-154 7-31-68 50 132.21-132.22 6-30-82 104 155-156 3-31-83 51 132.23-132.24 9-30-86 105 157-158 3-31-83 52 132.25-None 8-31-86 106 158.1-158.2 4-30-85 53 TAB: Part 145/Ch. IV 107 158.3-158.4 4-30-85 54 133-None 1-31-92 108 158.5-158.6 3-31-83 ix ST 11-30-94 HL OPP. - EXHIBIT 45 - PAGE 2 FILED: WESTCHESTER COUNTY CLERK INDEX 12/06/2021 NO. 60767/2018 04:42 PM NYSCEF DOC. NO. 937 RECEIVED NYSCEF: 12/06/2021 TITLE 19 DEPARTMENT OF STATE Table of Contents Summary Table PART Chapter I [ Reserved] . Chapter IIPublic Access to Records 81 · Chapter IIIAdministration Subchapter A Bureau of State Records and Law 130 Subchapter B Land Offerings 135 Subchapter C Trademarks and Service Marks 140 Subchapter D Uniform Commercial Code 143 Chapter IV Division of Corporations and State Records 145 Chapter V Division of Llcensing Services Subchapter A Hairdressing and Cosmetology 160 Subchapter B Barbering 165 Subchapter C Private Investigators and Watch, Guard and Patrol Agencies 170 Subchapter D Real Estate Brokers and Salesmen 175 Subchapter E Upholstered Furniture and Bedding 180 Subchapter F Apartment Information Vendors 190 Subchapter G Hearing Aid Dealers 191 Subchapter H Security and Fire Alarm Systems 195 Chapter VI Division of Cemeteries 200 Chapter VII State Athletic Commission · Subchapter A Definitions and Rules of Construction 205 Chapter VIII [Reserved] Chapter IX Submission of Notices and Filings in Relation to Agency Rule Making Action 260 Chapter X Division for Servicemen's Voting Subchapter A The General Election 330 Subchapter B Special Elections 345 Chapter XI Hearings 400 Chapter XII Office of Fire Prevention and Control 425 Chapter XIII Waterfront Revitalization and Coastal Resources 600 Chapter XIV Division of Economic Opportunity 700 Chapter XV Office of Charities Registration 800 1 ST 11-30-94 HL OPP. - EXHIBIT 45 - PAGE 3 FILED: WESTCHESTER COUNTY CLERK INDEX 12/06/2021 NO. 60767/2018 04:42 PM NYSCEF DOC. NO. 937 RECEIVED NYSCEF: 12/06/2021 § 175.4 TITLE 19 STATE (b) A person, firm or corporation licensed or acting as a real estate broker, and having on deposit or otherwise .in custody or control any money furnished as security by a tenant of real property, shall treat, handle and dispose of such money (including any required interest thereon) in compliance with the requirements of section 7-103 of the General Obligations Law. Failure to so comply, including failure to pay, apply or credit any required interest, shall constitute grounds for disciplinary or other appro- priate action by the Secretary of State. Historical Note Sec. amd. filed Nov. 16, 1972 eff. immediately. Added (b). 175.4 Broker's purchase of property listed with him. A real estate broker shall not directly or indirectly buy for himself property listed with him, nor shall he acquire any interest therein without first making his true position clearly known to the listing owner. 175.5 Disclosure of interest to client. Before a real estate broker buys property for a client in the ownership of which the broker has an interest, he shall disclose his interest to all parties to the transaction. · 175.6 Broker's sale of property in which he owns an interest. Before a real estate broker sells property in which he owns an interest, he shall make such interest known to the purchaser. 175.7 Compensation. A real estate broker shall make it clear for which party he is acting and he shall not receive compensation from more than one party except with the full knowledge and consent of all parties. 175.8 Negotiating with party to exclusive listing contract. No real estate broker shall negotiate the sale, exchange or lease of any property directly with an owner or lessor if he knows that such owner, or lessor, has an existing written contract granting exclusive authority in connection with such property with another broker. 175.9 Inducing breach of contract of sale or lease. No real estate broker shall induce any party to a contract of sale or lease to break such contract for the purpose of substituting in lieu thereof a new contract with another principal. 175.10 Broker's offering property for sale must be authorized. A real estate bro- ker shall never offer a property for sale or lease without the .authorization of the owner. 175.11 Sign on property.No sign shall ever be placed on any property by a real estate broker without the consent of the owner. 175.12 Delivering duplicate original of instrument. A real estate broker shall im- mediately deliver a ( )·I duplicate original of any instrument to any party or parties exe- , cuting the same, where such instrument has been prepared by such broker or under his supervision and where such instrument relates to the employment of the broker or to any matters pertaining to the consummation of a lease, or the purchase, sale or ex- change of real property or any other type of real estate transaction in which he may participate as a broker. 175.13 Accepting services of another broker's salesman or employee. A real es- tate broker shall not accept the services of any salesman or employee in the organization of another real estate broker without the knowledge of the broker and no real estate broker should give or permit to be given or directly offer to give anything of value for 150 ST 6-30-93 HL OPP. - EXHIBIT 45 - PAGE 4