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.
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FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1108 RECEIVED NYSCEF: 03/22/2022
HOULIHAN LAWRENCE
OPPOSITION TO MOTION TO CERTIFY
EXHIBIT 41
HL OPP. - EXHIBIT 41 - PAGE 1
FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1108 RECEIVED NYSCEF: 03/22/2022
the Interestsof and advocating on behalf of the buyer
agreeltig to such representation.A seller or buyer
agen- thno-
end the designated sales agent for flie seller will
mny provide adveneeinfonned consent to dual
ey by indicating the satueon this ibrm tion asthe selles's agent representing the interests of
and ndvocticing on behalf of the seller in the negotIa-
DUAL AGENT WITHDESIGNATED SALES (lons betweenthe buyer and seller. A designated sales
AGENTS agentcannot provide the full range of fiduciary
duties
to the buyer or seller. The designatedsales agent
If thebuyer and the seller provide their infouned
inust explain that like the dual agentunder whose
consentht wrking, the principals and the real estate
supervision they Atnction, they cannot pmvide undt-
baker who representsboth parties as a dual agetit con-
A buyer or seller should careadly
nay designatea salesagent to represent the buyer
sider the possible consequencesof a dunt agency re-
aridanother salesageitt (o represent the seller to ne- agree-
°ª*luP with designated salesagentsbefbre
gotiatethe purchaseand sale of teal estat6.A sales A buyer
angtosuchrepresentation.
selleror may
agentwotks inider the supervision of tite teat estate
provide advance Informed consent to dual agency
baker. With die informed consent of flie buyer and
d°8i8nated sales agents by mdicating the same
the designated salesagent for the
theseller th writing,
""'
fhnction as the buyer's agent :epresenting
buyerwill
This ibnn was provided to me by NicolePorter (prhit name of licensee) of
HoullhanLawrence (print name of company, firm or brokemge), a licensedreal estato broker
actingin the interest of tin:
(/) Seller asa (checkrelationship
below) ( ) Buyer as a (check relationship below)
agent
(g) Selleti agent
( ) Buyers
( ) Bmkersagent ( ) Broket's agent
( ) Dual agent
(/)Dual agent with designatedsalesagents
For advanceInfonned consent to cither dual agency or dual agency with designated sales agentscomplete sec-
tion below:
(/) Advance iliformed consent dual agency
(g) Advance informed consent to dual agency with designatedsales agents
If dual agent with designated snies agents is indicated above:
Is appolitted to repmsent the buyer; and
(f ) is appointed (a representthe sclter In this traiunction.
(lXÓ) ledge recci copy of this disclosure fami:
Date:
!
CONFIDENTIAL HL00019657
HL OPP. - EXHIBIT 41 - PAGE 2
Document Filed Date
March 22, 2022
Case Filing Date
July 14, 2018
Category
Commercial Division
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FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1108 RECEIVED NYSCEF: 03/22/2022 HOULIHAN LAWRENCE OPPOSITION TO MOTION TO CERTIFY EXHIBIT 41 HL OPP. - EXHIBIT 41 - PAGE 1 FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1108 RECEIVED NYSCEF: 03/22/2022 the Interestsof and advocating on behalf of the buyer agreeltig to such representation.A seller or buyer agen- thno- end the designated sales agent for flie seller will mny provide adveneeinfonned consent to dual ey by indicating the satueon this ibrm tion asthe selles's agent representing the interests of and ndvocticing on behalf of the seller in the negotIa- DUAL AGENT WITHDESIGNATED SALES (lons betweenthe buyer and seller. A designated sales AGENTS agentcannot provide the full range of fiduciary duties to the buyer or seller. The designatedsales agent If thebuyer and the seller provide their infouned inust explain that like the dual agentunder whose consentht wrking, the principals and the real estate supervision they Atnction, they cannot pmvide undt- baker who representsboth parties as a dual agetit con- A buyer or seller should careadly nay designatea salesagent to represent the buyer sider the possible consequencesof a dunt agency re- aridanother salesageitt (o represent the seller to ne- agree- °ª*luP with designated salesagentsbefbre gotiatethe purchaseand sale of teal estat6.A sales A buyer angtosuchrepresentation. selleror may agentwotks inider the supervision of tite teat estate provide advance Informed consent to dual agency baker. With die informed consent of flie buyer and d°8i8nated sales agents by mdicating the same the designated salesagent for the theseller th writing, ""' fhnction as the buyer's agent :epresenting buyerwill This ibnn was provided to me by NicolePorter (prhit name of licensee) of HoullhanLawrence (print name of company, firm or brokemge), a licensedreal estato broker actingin the interest of tin: (/) Seller asa (checkrelationship below) ( ) Buyer as a (check relationship below) agent (g) Selleti agent ( ) Buyers ( ) Bmkersagent ( ) Broket's agent ( ) Dual agent (/)Dual agent with designatedsalesagents For advanceInfonned consent to cither dual agency or dual agency with designated sales agentscomplete sec- tion below: (/) Advance iliformed consent dual agency (g) Advance informed consent to dual agency with designatedsales agents If dual agent with designated snies agents is indicated above: Is appolitted to repmsent the buyer; and (f ) is appointed (a representthe sclter In this traiunction. (lXÓ) ledge recci copy of this disclosure fami: Date: ! CONFIDENTIAL HL00019657 HL OPP. - EXHIBIT 41 - PAGE 2