Preview
FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1115 RECEIVED NYSCEF: 03/22/2022
HOULIHAN LAWRENCE
OPPOSITION TO MOTION TO CERTIFY
EXHIBIT 51
Excerpts from the Deposition of Gino Bello
Dated September 1, 2021
FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1115 RECEIVED NYSCEF: 03/22/2022
Deposition of Gino Bello Pamela Goldstein, et. al. v. Houlihan/Lawrence, Inc.
1
2 SUPREME COURT OF THE STATE OF NEW YORK
3 COUNTY OF WESTCHESTER
4 ---------------------------------X *
*
5 PAMELA GOLDSTEIN, ELLYN & TONY *
BERK as Administrators of the *
6 Estate of Winifred Berk, and PAUL *
BENJAMIN, on behalf of themselves *
7 and all others similarly situated, *
* INDEX NO:
8 PLAINTIFFS, * 60767/2018
*
9 vs *
*
10 HOULIHAN LAWRENCE INC., *
*
11 DEFENDANT. *
---------------------------------X
12
13
14 VIDEOTAPED DEPOSITION
15 of
16 GINO BELLO
17 White Plains, New York
18 Wednesday, September 1, 2021
19
20
21
22
Reported by:
23
Mary Agnes Drury, RPR, NYACR, CLR
24
JOB NO. 9216
25
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Everest Court Reporting LLC Page: 1 (1)
FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1115 RECEIVED NYSCEF: 03/22/2022
Deposition of Gino Bello Pamela Goldstein, et. al. v. Houlihan/Lawrence, Inc.
1
2
3
4 September 1, 2021
5 9:11 a.m.
6
7
8 VIDEOTAPED DEPOSITION of GINO BELLO,
9 held at Regus Conference Center 50 Main
10 Street, White Plains, New York, before Mary
11 Agnes Drury, RPR, NYACR, CLR, a Notary
12 Public of the States of New York and New
13 Jersey.
14
15
16
17
18
19
20
21
22
23
24
25
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FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1115 RECEIVED NYSCEF: 03/22/2022
Deposition of Gino Bello Pamela Goldstein, et. al. v. Houlihan/Lawrence, Inc.
1
2 A P P E A R A N C E S:
3
4 MINTZ LEVIN COHN FERRIS
5 GLOVSKY and POPEO PC
6 Attorneys for Plaintiffs
7 666 Third Avenue
8 Chrysler Center
9 New York, New York 10017
10 (212) 692-6718
11 BY: JEREMY C. VEST, ESQ.
12 JVest@Mintz.com
13
14 MacGill PC
15 Attorneys for Defendant
16 55 Monument Circle
17 Suite 1200C
18 Indianapolis, Indiana 46204
19 (317) 961-5085
20 BY: ROBERT D. MacGILL, ESQ.
21 Robert.MacGill@MacGillLaw.com
22
23
24
25
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FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1115 RECEIVED NYSCEF: 03/22/2022
Deposition of Gino Bello Pamela Goldstein, et. al. v. Houlihan/Lawrence, Inc.
1
2
3 A P P E A R A N C E S (Continued):
4
5 JONES LLP
6 Attorneys for Witness
7 670 White Plains Road - Penthouse
8 Scarsdale, New York 10583
9 (914) 472-2300
10 BY: STEPHEN J. JONES, ESQ.
11 SJones@JonesLawLLP.com
12
13 ALSO PRESENT:
14 Larry Moskowitz, Legal Video Specialist
15 Alex Pantos, MacGill Law Clerk
16 (Via Teleconference)
17
18
19
20
21
22
23
24
25
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FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1115 RECEIVED NYSCEF: 03/22/2022
Deposition of Gino Bello Pamela Goldstein, et. al. v. Houlihan/Lawrence, Inc.
Page 130 Page 132
1 GINO BELLO 1
GINO BELLO
2 transaction file associated with this 2
Agency Disclosure Form.
3 transaction? 3
A. Yes.
4 A. I do not. 4
Q. Would you agree with me that it's
5 MR. VEST: And finally, sir, I will 5
important that this form be completed
6 show you what we'll mark as Plaintiffs' 6
correctly?
7 Exhibit 31. 7
A. Yes.
8 (Whereupon, Plaintiffs Exhibit 31, 8
Q. If it's to serve its consumer
9 5 Birch Lane Transaction Detail Sheet, 9
protection purpose, it needs to correctly
10 Bates Stamped HL00028045, 1-Page was marked 10
identify the real estate agent's agency
11 for identification.) 11
relationship with the client, correct?
12 BY MR. VEST: 12
MR. MacGILL: Objection.
13 Q. And, sir, does Plaintiffs' 13
MR. JONES: Objection.
14 Exhibit 31 appear to be a Transaction Detail 14
MR. MacGILL: Calls for conclusion.
15 Sheet associated with the trans -- property 15
Q. You may answer.
16 located at 5 Birch Lane? 16
A. Yes.
17 A. Correct. 17
Q. The proper completion of this form
18 Q. You were identified as the selling 18
is a fairly straightforward process?
19 agent for this property? 19
MR. JONES: Objection. Objection.
20 A. Yes. 20
Q. You may answer.
21 Q. So you had a client relationship 21
A. As far as I can see, yes.
22 with the individual identified as the primary 22
Q. Well, I mean, you've filled out this
23 buyer ? 23
form on hundreds, if not thousands of
24 A. Yes. 24
occasions, correct?
25 Q. Do you have any recollection of any 25
A Yes
Page 131 Page 133
1 1
GINO BELLO GINO BELLO
2 2
conversation you may or may not have had with Q. And you don't find it to be
3 3
on the subject of agency in connection difficult to complete correctly, correct?
4 4
with this transaction? A. No.
5 5
A. I do not. Q. And you understand that a real
6 6
Q. And again, Mr. Bello, I will estate agent may act in a dual agent capacity
7 7
represent to you that I do not believe that we only with the informed written consent of the
8 8
received a transaction file from Houlihan consumers, correct?
9 9
Lawrence in connection with this transaction. A. That's correct.
10 10
Do you have any knowledge or Q. What does a consumer need to know in
11 11
information about the -- any transaction file order to be able to provide informed consent to
12 12
associated with this transaction? their agent acting in a dual agent capacity?
13 13
A. Not aware. MR. MacGILL: Objection to the form.
14 14
MR. VEST: Thank you. I think this Please read the question back.
15 15
is a good time for a break. (Whereupon, the last question was
16 16
VIDEOGRAPHER: We're going off the read back.)
17 17
record, the time is 11:42 a.m. BY MR. VEST:
18 18
(Whereupon, proceedings recessed for Q. You may answer.
19 19
a lunch break and once again resumed.) A. They need to know what my role is
20 20
VIDEOGRAPHER: The time is and what I represent.
21 21
12:53 p.m., we're back on the record. Q. Is there anything else that the
22 22
BY MR. VEST: consumer needs to know about dual agency in
23 23
Q. Good afternoon, Mr. Bello, I'd like order to provide informed written consent?
24 24
it pick up with Exhibit 22, which we've MR. MacGILL: Same objection.
25 25
previously identified as the New York State (Whereupon, there was an
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Everest Court Reporting LLC Page: 37 (130 - 133)
FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1115 RECEIVED NYSCEF: 03/22/2022
Deposition of Gino Bello Pamela Goldstein, et. al. v. Houlihan/Lawrence, Inc.
Page 134 Page 136
1 1
GINO BELLO GINO BELLO
2 2
interruption in the proceedings.) you provide to every client when explaining the
3 3
(Whereupon, a discussion was held form; is that fair?
4 4
off the record.) A. That's correct.
5 5
MR. MacGILL: Okay. Sorry for the Q. But there are certain clients,
6 6
interruption. Alex Pantos is back on the either due to a lack of education or lack of
7 7
connection. sophistication whom you endeavor to give more
8 8
MR. JONES: There is a pending information?
9 9
question. A. No.
10 10
MR. VEST: Just because I don't know Q. So in other words then, the
11 11
if we've done so before Mr. Pantos has been explanation that you provide of the New York
12 12
present remotely by telephone throughout State Agency Disclosure Form and the agent
13 13
today's deposition; if counsel would relationships identified in that form is
14 14
confirm? consistent regardless of the education or
15 15
MR. MacGILL: That's correct. sophistication level of the client?
16 16
(Whereupon, the last question was MR. MacGILL: Objection. Form.
17 17
read back.) Argumentative.
18 18
MR. MacGILL: Same objection. Q. Correct?
19 19
THE WITNESS: As I stated before, A. Correct.
20 20
they need to know who the agents represent. Q. With that then, I want to return to
21 21
BY MR. VEST: my prior request and ask that you present the
22 22
Q. What I'd like to do now, Mr. Bello, New York State Agency Disclosure Form here
23 23
is sort of exhaust the explanation that is your today as if you were presenting it to a seller
24 24
usual and custom and practice to provide in the ordinary course of your real estate
25 25
sellers when presenting the New York State practice?
Page 135 Page 137
1 1
GINO BELLO GINO BELLO
2 2
Agency Disclosure Form. MR. JONES: Objection. The notably
3 3
And so what I would ask you to do is absent aspect of this is any interaction
4 4
to present the form now just as you would in with the person receiving it.
5 5
the ordinary course of your practice when This hypothetical or this requested
6 6
presenting it to a seller? exercise is incomplete on its face, and I
7 7
MR. JONES: Objection. would find it hard to believe it could
8 8
MR. MacGILL: Counsel, for purposes, possibly characterize the actual
9 9
are you assuming a level of education or interaction with clients, but that said, if
10 10
sophistication? What are your assumptions you are able to go forward, please go
11 11
here with respect to the question? ahead.
12 12
Q. Mr. Bello, does the explanation you MR. VEST: I again object to
13 13
provide to consumers vary based on your counsel's improper instruction and speaking
14 14
assessment of their education level? objection on the record. Counsel has been
15 15
A. To a certain extent. asked on numerous occasions to avoid
16 16
Q. Explain? contaminating the witness' testimony by
17 17
A. Every buyer and seller are making any such objections outside the
18 18
different. So I go through the form. I presence of the witness; and yet, the
19 19
explain it, but it's not a written script. practice persists.
20 20
Q. Is there certain information that MR. JONES: I'm not seeking to
21 21
you omit from your explanation when you interrupt his testimony. I am noting the
22 22
determine that the client is a sophisticated lack of basis of relevance of this question
23 23
client? and its very significant shortcoming.
24 24
A. No, there is not. That said, I understand you've asked
25 25
Q So there is certain information that the witness a question about characterizing
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FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1115 RECEIVED NYSCEF: 03/22/2022
Deposition of Gino Bello Pamela Goldstein, et. al. v. Houlihan/Lawrence, Inc.
Page 138 Page 140
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GINO BELLO GINO BELLO
2 2
what he says to clients and that portion of Disclosure. This should be represented to
3 3
it. I again understand that the witness every buyer and seller. There's a few
4 4
will now seek to answer the question. different type of agencies. There is the
5 5
MR. VEST: Continued objection to seller's agent where I represent you at all
6 6
now the second speaking objection in times as a seller's agent with my full
7 7
response to this. obligation to you.
8 8
Q. Mr. Bello, let's start over so we Then there is the buyer's agent
9 9
have a clean record and Mr. Jones, I would where I represent you as an agent of the
10 10
repeat my repeated request that you -- buyer and no, not as an agent of the
11 11
MR. MacGILL: No, stop arguing. seller.
12 12
Just ask your question. Stop. Just ask Then there is the dual agent and a
13 13
your question. Just move ahead. Let's get dual designated agent status as well, as
14 14
the testimony on the record. Let's stop well as a broker's agent. A broker's agent
15 15
lecturing Mr. Jones. Please ask your is not something that I typically practice.
16 16
question. But the dual agent and the dual designated
17 17
MR. VEST: Mr. Jones, I would ask if agent is a subject that we should go into
18 18
you plan to interpose a form objection detail about.
19 19
again, please feel free to do so confine As I said before, I represent you as
20 20
your comments to that. a seller's agent at all times, except for
21 21
MR. MacGILL: Mr. Vest, let me just if there is another agent that is within
22 22
explain: You are not to lecture Mr. Jones. our company, Houlihan Lawrence, and they
23 23
You are here to make a record. You are not would represent the buyer, and I would
24 24
here to lecture Steve Jones, understood? represent you as the seller's agent.
25 25
So if you need to take a break to For the time being, I'm your
Page 139 Page 141
1 1
GINO BELLO GINO BELLO
2 2
calm down, we can take a five-minute break. seller's agent at the beginning of the
3 3
But if are going to continue on this, we'll process. I will be representing you at all
4 4
ask for some relief from someone to stop times and no one else, your interests only.
5 5
lecturing people, all right. If there comes a time where an
6 6
Just ask your questions. You have Houlihan agent does present an offer, if
7 7
the right to ask the question. Please you want to open up the showing to Houlihan
8 8
state your question to the witness. State Lawrence agents, at that time we would
9 9
your question, counsel. There is no review the same disclosure, and we would
10 10
question pending. set a new disclosure in place, which would
11 11
BY MR. VEST: list who would represent the buyer and who
12 12
Q. Mr. Bello, are you ready to proceed? would represent the seller.
13 13
A. Yes. Houlihan Lawrence has about 1300
14 14
Q. Mr. Bello, I'd ask that you present agents. With that being said, if you do
15 15
the New York State Agency Disclosure Form to us not want to do the designated agency form
16 16
here today in the same manner that you do in with the dual agent, then it's your choice.
17 17
the ordinary course of your practice as a real But you just have to understand that you
18 18
estate agent when presenting the form to a will not be able to have 1300 agents view
19 19
seller? your property.
20 20
MR. JONES: Objection. We do have you check a form. We do
21 21
MR. MacGILL: Object to the form. have you check a box of advanced consent
22 22
MR. JONES: You can go ahead. basically stating that if we do show it to
23 23
THE WITNESS: Okay. So I would other Houlihan Lawrence agents, you
24 24
present the form and I would tell them that understand that there is going to be a time
25 25
this is the New York State Agency that I'm going to go over with you once
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FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1115 RECEIVED NYSCEF: 03/22/2022
Deposition of Gino Bello Pamela Goldstein, et. al. v. Houlihan/Lawrence, Inc.
Page 142 Page 144
1 1
GINO BELLO GINO BELLO
2 2
again what the designated agency means. 1300 agents from the pool of people who
3 3
I, in practice, do not do dual would be -- who would bring you buyers.
4 4
agency. The only agency that I would do in It's your choice. As I said before, if you
5 5
a capacity of dual agency is a dual with would like to discuss this with your
6 6
designated agent. attorney, you can as well.
7 7
If you have any questions, if you BY MR. VEST:
8 8
are confused, please let me know. If you Q. What other questions do you commonly
9 9
would like your attorney to review this, receive, if any?
10 10
please have them review it as well. A. Will you be working in my interest?
11 11
BY MR. VEST: Q. How do you respond to that question?
12 12
Q. Mr. Bello, have you concluded your A. I let them know that at all times I
13 13
explanation of the New York State Agency will be working in their interest, because I
14 14
Disclosure Form to the seller? will be representing them as their designated
15 15
A. To the best that I can do here, yes. agent. It's not in my -- it's not in my -- I
16 16
I'm trying to role-play here, but no one's don't practice myself just dual agency.
17 17
interacting with me. Q. Are there any other questions that
18 18
Q. Now, you indicated at the end that you commonly receive from sellers --
19 19
you invite the consumer to ask you any A. Can you drop the commission?
20 20
questions. What's the most common question Q. -- with respect to the New York
21 21
that consumers ask in response to the State Agency Disclosure Form or agency
22 22
explanation that you provide? relationships?
23 23
MR. JONES: Objection. A. That's basically it. Those are the
24 24
MR. MacGILL: We're talking about two main questions.
25 25
sellers now? Q. So it is not your practice, again,
Page 143 Page 145
1 1 GINO BELLO
GINO BELLO
2 2 looking at Exhibit 22 to ask the consumer to
MR. VEST: Yes.
3 3 first provide advanced informed consent to dual
THE WITNESS: So answer it now?
4 4 agency, the first box in the advanced informed
Could I answer it?
5 5 consent section?
MR. JONES: You can answer it.
6 6 A. I do dual agent with designated
THE WITNESS: Okay. The most common
7 7 agents; that's the common practice that I
question is how will this effect me.
8 8 typically do.
Q. And if you would provide the answer
9 9 Q. Now, you indicated in your
that you provide the ordinary course when you
10 10 explanation that the possibility could arise
receive that type of question?
11 11 that you would present a new agency disclosure
MR. MacGILL: Again, you are asking
12 12 form in the event a dual agency
Preview
FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1115 RECEIVED NYSCEF: 03/22/2022 HOULIHAN LAWRENCE OPPOSITION TO MOTION TO CERTIFY EXHIBIT 51 Excerpts from the Deposition of Gino Bello Dated September 1, 2021 FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1115 RECEIVED NYSCEF: 03/22/2022 Deposition of Gino Bello Pamela Goldstein, et. al. v. Houlihan/Lawrence, Inc. 1 2 SUPREME COURT OF THE STATE OF NEW YORK 3 COUNTY OF WESTCHESTER 4 ---------------------------------X * * 5 PAMELA GOLDSTEIN, ELLYN & TONY * BERK as Administrators of the * 6 Estate of Winifred Berk, and PAUL * BENJAMIN, on behalf of themselves * 7 and all others similarly situated, * * INDEX NO: 8 PLAINTIFFS, * 60767/2018 * 9 vs * * 10 HOULIHAN LAWRENCE INC., * * 11 DEFENDANT. * ---------------------------------X 12 13 14 VIDEOTAPED DEPOSITION 15 of 16 GINO BELLO 17 White Plains, New York 18 Wednesday, September 1, 2021 19 20 21 22 Reported by: 23 Mary Agnes Drury, RPR, NYACR, CLR 24 JOB NO. 9216 25 215-341-3616 transcripts@everestdepo.com Everest Court Reporting LLC Page: 1 (1) FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1115 RECEIVED NYSCEF: 03/22/2022 Deposition of Gino Bello Pamela Goldstein, et. al. v. Houlihan/Lawrence, Inc. 1 2 3 4 September 1, 2021 5 9:11 a.m. 6 7 8 VIDEOTAPED DEPOSITION of GINO BELLO, 9 held at Regus Conference Center 50 Main 10 Street, White Plains, New York, before Mary 11 Agnes Drury, RPR, NYACR, CLR, a Notary 12 Public of the States of New York and New 13 Jersey. 14 15 16 17 18 19 20 21 22 23 24 25 215-341-3616 transcripts@everestdepo.com Everest Court Reporting LLC Page: 2 (2) FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1115 RECEIVED NYSCEF: 03/22/2022 Deposition of Gino Bello Pamela Goldstein, et. al. v. Houlihan/Lawrence, Inc. 1 2 A P P E A R A N C E S: 3 4 MINTZ LEVIN COHN FERRIS 5 GLOVSKY and POPEO PC 6 Attorneys for Plaintiffs 7 666 Third Avenue 8 Chrysler Center 9 New York, New York 10017 10 (212) 692-6718 11 BY: JEREMY C. VEST, ESQ. 12 JVest@Mintz.com 13 14 MacGill PC 15 Attorneys for Defendant 16 55 Monument Circle 17 Suite 1200C 18 Indianapolis, Indiana 46204 19 (317) 961-5085 20 BY: ROBERT D. MacGILL, ESQ. 21 Robert.MacGill@MacGillLaw.com 22 23 24 25 215-341-3616 transcripts@everestdepo.com Everest Court Reporting LLC Page: 3 (3) FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1115 RECEIVED NYSCEF: 03/22/2022 Deposition of Gino Bello Pamela Goldstein, et. al. v. Houlihan/Lawrence, Inc. 1 2 3 A P P E A R A N C E S (Continued): 4 5 JONES LLP 6 Attorneys for Witness 7 670 White Plains Road - Penthouse 8 Scarsdale, New York 10583 9 (914) 472-2300 10 BY: STEPHEN J. JONES, ESQ. 11 SJones@JonesLawLLP.com 12 13 ALSO PRESENT: 14 Larry Moskowitz, Legal Video Specialist 15 Alex Pantos, MacGill Law Clerk 16 (Via Teleconference) 17 18 19 20 21 22 23 24 25 215-341-3616 transcripts@everestdepo.com Everest Court Reporting LLC Page: 4 (4) FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1115 RECEIVED NYSCEF: 03/22/2022 Deposition of Gino Bello Pamela Goldstein, et. al. v. Houlihan/Lawrence, Inc. Page 130 Page 132 1 GINO BELLO 1 GINO BELLO 2 transaction file associated with this 2 Agency Disclosure Form. 3 transaction? 3 A. Yes. 4 A. I do not. 4 Q. Would you agree with me that it's 5 MR. VEST: And finally, sir, I will 5 important that this form be completed 6 show you what we'll mark as Plaintiffs' 6 correctly? 7 Exhibit 31. 7 A. Yes. 8 (Whereupon, Plaintiffs Exhibit 31, 8 Q. If it's to serve its consumer 9 5 Birch Lane Transaction Detail Sheet, 9 protection purpose, it needs to correctly 10 Bates Stamped HL00028045, 1-Page was marked 10 identify the real estate agent's agency 11 for identification.) 11 relationship with the client, correct? 12 BY MR. VEST: 12 MR. MacGILL: Objection. 13 Q. And, sir, does Plaintiffs' 13 MR. JONES: Objection. 14 Exhibit 31 appear to be a Transaction Detail 14 MR. MacGILL: Calls for conclusion. 15 Sheet associated with the trans -- property 15 Q. You may answer. 16 located at 5 Birch Lane? 16 A. Yes. 17 A. Correct. 17 Q. The proper completion of this form 18 Q. You were identified as the selling 18 is a fairly straightforward process? 19 agent for this property? 19 MR. JONES: Objection. Objection. 20 A. Yes. 20 Q. You may answer. 21 Q. So you had a client relationship 21 A. As far as I can see, yes. 22 with the individual identified as the primary 22 Q. Well, I mean, you've filled out this 23 buyer ? 23 form on hundreds, if not thousands of 24 A. Yes. 24 occasions, correct? 25 Q. Do you have any recollection of any 25 A Yes Page 131 Page 133 1 1 GINO BELLO GINO BELLO 2 2 conversation you may or may not have had with Q. And you don't find it to be 3 3 on the subject of agency in connection difficult to complete correctly, correct? 4 4 with this transaction? A. No. 5 5 A. I do not. Q. And you understand that a real 6 6 Q. And again, Mr. Bello, I will estate agent may act in a dual agent capacity 7 7 represent to you that I do not believe that we only with the informed written consent of the 8 8 received a transaction file from Houlihan consumers, correct? 9 9 Lawrence in connection with this transaction. A. That's correct. 10 10 Do you have any knowledge or Q. What does a consumer need to know in 11 11 information about the -- any transaction file order to be able to provide informed consent to 12 12 associated with this transaction? their agent acting in a dual agent capacity? 13 13 A. Not aware. MR. MacGILL: Objection to the form. 14 14 MR. VEST: Thank you. I think this Please read the question back. 15 15 is a good time for a break. (Whereupon, the last question was 16 16 VIDEOGRAPHER: We're going off the read back.) 17 17 record, the time is 11:42 a.m. BY MR. VEST: 18 18 (Whereupon, proceedings recessed for Q. You may answer. 19 19 a lunch break and once again resumed.) A. They need to know what my role is 20 20 VIDEOGRAPHER: The time is and what I represent. 21 21 12:53 p.m., we're back on the record. Q. Is there anything else that the 22 22 BY MR. VEST: consumer needs to know about dual agency in 23 23 Q. Good afternoon, Mr. Bello, I'd like order to provide informed written consent? 24 24 it pick up with Exhibit 22, which we've MR. MacGILL: Same objection. 25 25 previously identified as the New York State (Whereupon, there was an 215-341-3616 transcripts@everestdepo.com Everest Court Reporting LLC Page: 37 (130 - 133) FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1115 RECEIVED NYSCEF: 03/22/2022 Deposition of Gino Bello Pamela Goldstein, et. al. v. Houlihan/Lawrence, Inc. Page 134 Page 136 1 1 GINO BELLO GINO BELLO 2 2 interruption in the proceedings.) you provide to every client when explaining the 3 3 (Whereupon, a discussion was held form; is that fair? 4 4 off the record.) A. That's correct. 5 5 MR. MacGILL: Okay. Sorry for the Q. But there are certain clients, 6 6 interruption. Alex Pantos is back on the either due to a lack of education or lack of 7 7 connection. sophistication whom you endeavor to give more 8 8 MR. JONES: There is a pending information? 9 9 question. A. No. 10 10 MR. VEST: Just because I don't know Q. So in other words then, the 11 11 if we've done so before Mr. Pantos has been explanation that you provide of the New York 12 12 present remotely by telephone throughout State Agency Disclosure Form and the agent 13 13 today's deposition; if counsel would relationships identified in that form is 14 14 confirm? consistent regardless of the education or 15 15 MR. MacGILL: That's correct. sophistication level of the client? 16 16 (Whereupon, the last question was MR. MacGILL: Objection. Form. 17 17 read back.) Argumentative. 18 18 MR. MacGILL: Same objection. Q. Correct? 19 19 THE WITNESS: As I stated before, A. Correct. 20 20 they need to know who the agents represent. Q. With that then, I want to return to 21 21 BY MR. VEST: my prior request and ask that you present the 22 22 Q. What I'd like to do now, Mr. Bello, New York State Agency Disclosure Form here 23 23 is sort of exhaust the explanation that is your today as if you were presenting it to a seller 24 24 usual and custom and practice to provide in the ordinary course of your real estate 25 25 sellers when presenting the New York State practice? Page 135 Page 137 1 1 GINO BELLO GINO BELLO 2 2 Agency Disclosure Form. MR. JONES: Objection. The notably 3 3 And so what I would ask you to do is absent aspect of this is any interaction 4 4 to present the form now just as you would in with the person receiving it. 5 5 the ordinary course of your practice when This hypothetical or this requested 6 6 presenting it to a seller? exercise is incomplete on its face, and I 7 7 MR. JONES: Objection. would find it hard to believe it could 8 8 MR. MacGILL: Counsel, for purposes, possibly characterize the actual 9 9 are you assuming a level of education or interaction with clients, but that said, if 10 10 sophistication? What are your assumptions you are able to go forward, please go 11 11 here with respect to the question? ahead. 12 12 Q. Mr. Bello, does the explanation you MR. VEST: I again object to 13 13 provide to consumers vary based on your counsel's improper instruction and speaking 14 14 assessment of their education level? objection on the record. Counsel has been 15 15 A. To a certain extent. asked on numerous occasions to avoid 16 16 Q. Explain? contaminating the witness' testimony by 17 17 A. Every buyer and seller are making any such objections outside the 18 18 different. So I go through the form. I presence of the witness; and yet, the 19 19 explain it, but it's not a written script. practice persists. 20 20 Q. Is there certain information that MR. JONES: I'm not seeking to 21 21 you omit from your explanation when you interrupt his testimony. I am noting the 22 22 determine that the client is a sophisticated lack of basis of relevance of this question 23 23 client? and its very significant shortcoming. 24 24 A. No, there is not. That said, I understand you've asked 25 25 Q So there is certain information that the witness a question about characterizing 215-341-3616 transcripts@everestdepo.com Everest Court Reporting LLC Page: 38 (134 - 137) FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1115 RECEIVED NYSCEF: 03/22/2022 Deposition of Gino Bello Pamela Goldstein, et. al. v. Houlihan/Lawrence, Inc. Page 138 Page 140 1 1 GINO BELLO GINO BELLO 2 2 what he says to clients and that portion of Disclosure. This should be represented to 3 3 it. I again understand that the witness every buyer and seller. There's a few 4 4 will now seek to answer the question. different type of agencies. There is the 5 5 MR. VEST: Continued objection to seller's agent where I represent you at all 6 6 now the second speaking objection in times as a seller's agent with my full 7 7 response to this. obligation to you. 8 8 Q. Mr. Bello, let's start over so we Then there is the buyer's agent 9 9 have a clean record and Mr. Jones, I would where I represent you as an agent of the 10 10 repeat my repeated request that you -- buyer and no, not as an agent of the 11 11 MR. MacGILL: No, stop arguing. seller. 12 12 Just ask your question. Stop. Just ask Then there is the dual agent and a 13 13 your question. Just move ahead. Let's get dual designated agent status as well, as 14 14 the testimony on the record. Let's stop well as a broker's agent. A broker's agent 15 15 lecturing Mr. Jones. Please ask your is not something that I typically practice. 16 16 question. But the dual agent and the dual designated 17 17 MR. VEST: Mr. Jones, I would ask if agent is a subject that we should go into 18 18 you plan to interpose a form objection detail about. 19 19 again, please feel free to do so confine As I said before, I represent you as 20 20 your comments to that. a seller's agent at all times, except for 21 21 MR. MacGILL: Mr. Vest, let me just if there is another agent that is within 22 22 explain: You are not to lecture Mr. Jones. our company, Houlihan Lawrence, and they 23 23 You are here to make a record. You are not would represent the buyer, and I would 24 24 here to lecture Steve Jones, understood? represent you as the seller's agent. 25 25 So if you need to take a break to For the time being, I'm your Page 139 Page 141 1 1 GINO BELLO GINO BELLO 2 2 calm down, we can take a five-minute break. seller's agent at the beginning of the 3 3 But if are going to continue on this, we'll process. I will be representing you at all 4 4 ask for some relief from someone to stop times and no one else, your interests only. 5 5 lecturing people, all right. If there comes a time where an 6 6 Just ask your questions. You have Houlihan agent does present an offer, if 7 7 the right to ask the question. Please you want to open up the showing to Houlihan 8 8 state your question to the witness. State Lawrence agents, at that time we would 9 9 your question, counsel. There is no review the same disclosure, and we would 10 10 question pending. set a new disclosure in place, which would 11 11 BY MR. VEST: list who would represent the buyer and who 12 12 Q. Mr. Bello, are you ready to proceed? would represent the seller. 13 13 A. Yes. Houlihan Lawrence has about 1300 14 14 Q. Mr. Bello, I'd ask that you present agents. With that being said, if you do 15 15 the New York State Agency Disclosure Form to us not want to do the designated agency form 16 16 here today in the same manner that you do in with the dual agent, then it's your choice. 17 17 the ordinary course of your practice as a real But you just have to understand that you 18 18 estate agent when presenting the form to a will not be able to have 1300 agents view 19 19 seller? your property. 20 20 MR. JONES: Objection. We do have you check a form. We do 21 21 MR. MacGILL: Object to the form. have you check a box of advanced consent 22 22 MR. JONES: You can go ahead. basically stating that if we do show it to 23 23 THE WITNESS: Okay. So I would other Houlihan Lawrence agents, you 24 24 present the form and I would tell them that understand that there is going to be a time 25 25 this is the New York State Agency that I'm going to go over with you once 215-341-3616 transcripts@everestdepo.com Everest Court Reporting LLC Page: 39 (138 - 141) FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1115 RECEIVED NYSCEF: 03/22/2022 Deposition of Gino Bello Pamela Goldstein, et. al. v. Houlihan/Lawrence, Inc. Page 142 Page 144 1 1 GINO BELLO GINO BELLO 2 2 again what the designated agency means. 1300 agents from the pool of people who 3 3 I, in practice, do not do dual would be -- who would bring you buyers. 4 4 agency. The only agency that I would do in It's your choice. As I said before, if you 5 5 a capacity of dual agency is a dual with would like to discuss this with your 6 6 designated agent. attorney, you can as well. 7 7 If you have any questions, if you BY MR. VEST: 8 8 are confused, please let me know. If you Q. What other questions do you commonly 9 9 would like your attorney to review this, receive, if any? 10 10 please have them review it as well. A. Will you be working in my interest? 11 11 BY MR. VEST: Q. How do you respond to that question? 12 12 Q. Mr. Bello, have you concluded your A. I let them know that at all times I 13 13 explanation of the New York State Agency will be working in their interest, because I 14 14 Disclosure Form to the seller? will be representing them as their designated 15 15 A. To the best that I can do here, yes. agent. It's not in my -- it's not in my -- I 16 16 I'm trying to role-play here, but no one's don't practice myself just dual agency. 17 17 interacting with me. Q. Are there any other questions that 18 18 Q. Now, you indicated at the end that you commonly receive from sellers -- 19 19 you invite the consumer to ask you any A. Can you drop the commission? 20 20 questions. What's the most common question Q. -- with respect to the New York 21 21 that consumers ask in response to the State Agency Disclosure Form or agency 22 22 explanation that you provide? relationships? 23 23 MR. JONES: Objection. A. That's basically it. Those are the 24 24 MR. MacGILL: We're talking about two main questions. 25 25 sellers now? Q. So it is not your practice, again, Page 143 Page 145 1 1 GINO BELLO GINO BELLO 2 2 looking at Exhibit 22 to ask the consumer to MR. VEST: Yes. 3 3 first provide advanced informed consent to dual THE WITNESS: So answer it now? 4 4 agency, the first box in the advanced informed Could I answer it? 5 5 consent section? MR. JONES: You can answer it. 6 6 A. I do dual agent with designated THE WITNESS: Okay. The most common 7 7 agents; that's the common practice that I question is how will this effect me. 8 8 typically do. Q. And if you would provide the answer 9 9 Q. Now, you indicated in your that you provide the ordinary course when you 10 10 explanation that the possibility could arise receive that type of question? 11 11 that you would present a new agency disclosure MR. MacGILL: Again, you are asking 12 12 form in the event a dual agency