Preview
FILED: WESTCHESTER COUNTY CLERK 12/23/2021 04:19 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1039 RECEIVED NYSCEF: 12/23/2021
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 PAUL Index No. 60767/2018
BENJAMIN, on behalf of themselves and
all others Hon. Linda S. Jamieson
similarly situated,
Plaintiffs, AFFIDAVIT OF JEREMY VEST
v.
HOULIHAN/LAWRENCE INC.,
Defendant.
STATE OF NEW YORK )
) SS:
COUNTY OF WESTCHESTER )
JEREMY VEST, an attorney admitted to practice in the Courts of the State
of New York, being duly sworn, deposes and says:
1. I am a member in the law firm of Mintz, Levin, Cohn, Ferris, Glovsky,
and P.C. attorneys for Plaintiff Pamela Dr. Ellyn and
Popeo, ("Mintz"), Goldstein,
Tony Berk, as administrators of the Estate of Winifred Berk, and Paul Benjamin
(collectively "Plaintiffs").
2. Attached as Exhibit 1 is a true and correct copy of excerpts from the
"Toni"
transcript of the deposition of Annette Chrystal, taken on September 28,
2020.
3. Attached as Exhibit 2 is a true and correct copy of Defendant's
Memorandum of Law in Support of Its Motion for an Order to Seal, dated November
15, 2021.
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FILED: WESTCHESTER COUNTY CLERK 12/23/2021 04:19 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1039 RECEIVED NYSCEF: 12/23/2021
4. Attached as Exhibit 3 is a true and correct copy of excerpts from the
transcript of the deposition of Gino Bello, taken on September 1, 2021.
5. Attached as Exhibit 4 is a true and correct copy of excerpts from the
transcript of the deposition of Geoffrey Berry, taken on September 16, 2021.
6. Attached as Exhibit 5 is a true and correct copy of discovery document
HL00145207-HL00145210.
7. Attached as Exhibit 6 is a true and correct copy of discovery document
HL00088450-HL00088455.
8. Attached as Exhibit 7 is a true and correct copy of discõvery document
HL00129387-HL00129390.
9. Attached as Exhibit 8 is a true and correct copy of diseõvery document
HL00106842-HL00106847.
10. Attached as Exhibit 9 is a true and correct copy of discovery document
HL00072060.
11. Attached as Exhibit 10 is a true and correct copy of discovery document
HL00145001-HL00145002.
12. Attached as Exhibit 11 is a true and correct copy of excerpts from the
transcript of the depe=ition of Lewis Arlt, taken on October 13, 2021.
13. Attached as Exhibit 12 is a true and correct copy of a memorandum
from Matthew W. Tebo, Esq. to Hon. Peter J. Kiernan, Esq., dated July 15, 2010.
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FILED: WESTCHESTER COUNTY CLERK 12/23/2021 04:19 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1039 RECEIVED NYSCEF: 12/23/2021
Jere Vest
Sworn to before me this
23rd day of December 2021
NOTARY PUBLIC
c
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FILED: WESTCHESTER COUNTY CLERK 12/23/2021 04:19 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1039 RECEIVED NYSCEF: 12/23/2021
Certificate of Counsel
Pursuant to Conunercial Division Rule 17
I, Jeremy Vest, counsel for Plaintiffs, hereby certify, pursuant to Commercial
Division Rule 17, that the word count for the foregoing document, excluding the
caption, table of contents, table of authorities, and signature block, is 321 words.
This document therefore complies with the rule, which limits briefs, usmuvianda,
affirmations, and affidavits to 4,200 words. I certify that the word count Microsoft
Word generated for this document is 321.
Dated: December 23, 2021
New York, New York
MINTZ, LEVIN, COHN, FERRIS,
GLOVSKY, AND POPEO
By: Is!Jeremy Vest
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
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Preview
FILED: WESTCHESTER COUNTY CLERK 12/23/2021 04:19 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1039 RECEIVED NYSCEF: 12/23/2021 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 PAUL Index No. 60767/2018 BENJAMIN, on behalf of themselves and all others Hon. Linda S. Jamieson similarly situated, Plaintiffs, AFFIDAVIT OF JEREMY VEST v. HOULIHAN/LAWRENCE INC., Defendant. STATE OF NEW YORK ) ) SS: COUNTY OF WESTCHESTER ) JEREMY VEST, an attorney admitted to practice in the Courts of the State of New York, being duly sworn, deposes and says: 1. I am a member in the law firm of Mintz, Levin, Cohn, Ferris, Glovsky, and P.C. attorneys for Plaintiff Pamela Dr. Ellyn and Popeo, ("Mintz"), Goldstein, Tony Berk, as administrators of the Estate of Winifred Berk, and Paul Benjamin (collectively "Plaintiffs"). 2. Attached as Exhibit 1 is a true and correct copy of excerpts from the "Toni" transcript of the deposition of Annette Chrystal, taken on September 28, 2020. 3. Attached as Exhibit 2 is a true and correct copy of Defendant's Memorandum of Law in Support of Its Motion for an Order to Seal, dated November 15, 2021. 1 of 4 FILED: WESTCHESTER COUNTY CLERK 12/23/2021 04:19 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1039 RECEIVED NYSCEF: 12/23/2021 4. Attached as Exhibit 3 is a true and correct copy of excerpts from the transcript of the deposition of Gino Bello, taken on September 1, 2021. 5. Attached as Exhibit 4 is a true and correct copy of excerpts from the transcript of the deposition of Geoffrey Berry, taken on September 16, 2021. 6. Attached as Exhibit 5 is a true and correct copy of discovery document HL00145207-HL00145210. 7. Attached as Exhibit 6 is a true and correct copy of discovery document HL00088450-HL00088455. 8. Attached as Exhibit 7 is a true and correct copy of discõvery document HL00129387-HL00129390. 9. Attached as Exhibit 8 is a true and correct copy of diseõvery document HL00106842-HL00106847. 10. Attached as Exhibit 9 is a true and correct copy of discovery document HL00072060. 11. Attached as Exhibit 10 is a true and correct copy of discovery document HL00145001-HL00145002. 12. Attached as Exhibit 11 is a true and correct copy of excerpts from the transcript of the depe=ition of Lewis Arlt, taken on October 13, 2021. 13. Attached as Exhibit 12 is a true and correct copy of a memorandum from Matthew W. Tebo, Esq. to Hon. Peter J. Kiernan, Esq., dated July 15, 2010. 2 of 4 FILED: WESTCHESTER COUNTY CLERK 12/23/2021 04:19 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1039 RECEIVED NYSCEF: 12/23/2021 Jere Vest Sworn to before me this 23rd day of December 2021 NOTARY PUBLIC c 3 of 4 FILED: WESTCHESTER COUNTY CLERK 12/23/2021 04:19 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1039 RECEIVED NYSCEF: 12/23/2021 Certificate of Counsel Pursuant to Conunercial Division Rule 17 I, Jeremy Vest, counsel for Plaintiffs, hereby certify, pursuant to Commercial Division Rule 17, that the word count for the foregoing document, excluding the caption, table of contents, table of authorities, and signature block, is 321 words. This document therefore complies with the rule, which limits briefs, usmuvianda, affirmations, and affidavits to 4,200 words. I certify that the word count Microsoft Word generated for this document is 321. Dated: December 23, 2021 New York, New York MINTZ, LEVIN, COHN, FERRIS, GLOVSKY, AND POPEO By: Is!Jeremy Vest 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 4 of 4