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 03/23/2022 05:26 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1205 RECEIVED NYSCEF: 03/23/2022
EXHIBIT 55
FILED: WESTCHESTER COUNTY CLERK 03/23/2022 05:26 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1205 RECEIVED NYSCEF: 03/23/2022
From: Arlt,Lewis
Sent: Fri 4/03/2015 9:57 PM (GMT-04:00)
To: Dalton, Debra
Cc: Chrystal, Toni; Harburger, Roselyn
Bcc:
Subject: Re: Agency Disclosure Best Practices
Hi all,
Just read through the material. Commendations, Toni, for the labor. It seems to be on target, but
with just a couple of easily fixed typos. I saw Don this morning, and he said the Bronxville
meeting will likely be postponed from the 13th tilthe 20th. Some agent that Cindy wanted there
wasn't available 4/13. I haven't watched the video yet, but will try to get to itto refresh my
memory. I think itmight stillbe advisable to include an example of how we don't provide full
range of duties - - as designated duals. sense is that without
Educiary namely loyalty My loyalty
the client feels the representation is pretty hollow. If the example involves the agent overhearing
something in a ofEce meeting that she can't share, the onus could be mitigated. While being
truthful and maintaining appropriate confidentiality, we don't want to drive clients into the arms
of another brokerage for fear of insider trading by HL designated agents.
Lewis Arlt
Licensed Real Estate Associate Broker
Houlihan Lawrence
32 Popham Road
Scarsdale, NY 10583
(914) 723-8877 x16222
On Apr 3, 2015, at 9:43 PM, Dalton, Debra wrote:
I have asked Roselyn and Lewis for their input also. Dom is hating an evening meeting in
Bronxville. After that meeting we will put together a policy
Debra M. Dalton
Associate Real Estate Broker
Senior Vice President
Houlihan Lawrence
Office: 914.220.7000
Mobile: 914.391.5144
Toni"
On Apr 3, 2015, at 1:55 PM, "Chrystal, wrote:
Hi All:
I've been working on updating the HL Best Practices for NYS Agency Disclosure, and added
sample forms explaining the different types of agency to reflect the information from Don
Cummings.
Attached is a first run at this document. I suggest we softening up the paragraph on Dual
Agency and Dual Agency with Designation so that itis clear the only fiduciary duty that is
CONFIDENTIAL HL00180331
FILED: WESTCHESTER COUNTY CLERK 03/23/2022 05:26 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1205 RECEIVED NYSCEF: 03/23/2022
shared is loyalty, and confidentiality must remain confidential with that agent. The paragraph
in the document is a bitscary and I haven't yet modified it.
Take a look at the attached document, please send me your thoughts and suggestions Thanks.
ALSO attached is the video from the Don Cummings Seminar. It islong, but very informative
and makes clear everything agents need to know about agency. I believe I am the only one
that has previewed the completed video. I don't think we should send itout until the document
is complete.
Here is the video link, press on here to view the video. It is 1.5 hrs.
long. http://www.wellcomemat.com/video/fnf4c8f477475e
"Toni"
Annette Chrystal, ABR
Licensed RE Associate Broker
Agent Development Center
NYS Certified CE Instructor
(914) 673-1640 Mobile/Text
(914) 219-3218 (E-mail Fax)
(914) 328-5200 Desk
Visit my agent website
Disclosure Best Practices Word.docx>
Document Filed Date
March 23, 2022
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 03/23/2022 05:26 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1205 RECEIVED NYSCEF: 03/23/2022 EXHIBIT 55 FILED: WESTCHESTER COUNTY CLERK 03/23/2022 05:26 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1205 RECEIVED NYSCEF: 03/23/2022 From: Arlt,Lewis Sent: Fri 4/03/2015 9:57 PM (GMT-04:00) To: Dalton, Debra Cc: Chrystal, Toni; Harburger, Roselyn Bcc: Subject: Re: Agency Disclosure Best Practices Hi all, Just read through the material. Commendations, Toni, for the labor. It seems to be on target, but with just a couple of easily fixed typos. I saw Don this morning, and he said the Bronxville meeting will likely be postponed from the 13th tilthe 20th. Some agent that Cindy wanted there wasn't available 4/13. I haven't watched the video yet, but will try to get to itto refresh my memory. I think itmight stillbe advisable to include an example of how we don't provide full range of duties - - as designated duals. sense is that without Educiary namely loyalty My loyalty the client feels the representation is pretty hollow. If the example involves the agent overhearing something in a ofEce meeting that she can't share, the onus could be mitigated. While being truthful and maintaining appropriate confidentiality, we don't want to drive clients into the arms of another brokerage for fear of insider trading by HL designated agents. Lewis Arlt Licensed Real Estate Associate Broker Houlihan Lawrence 32 Popham Road Scarsdale, NY 10583 (914) 723-8877 x16222 On Apr 3, 2015, at 9:43 PM, Dalton, Debra wrote: I have asked Roselyn and Lewis for their input also. Dom is hating an evening meeting in Bronxville. After that meeting we will put together a policy Debra M. Dalton Associate Real Estate Broker Senior Vice President Houlihan Lawrence Office: 914.220.7000 Mobile: 914.391.5144 Toni" On Apr 3, 2015, at 1:55 PM, "Chrystal, wrote: Hi All: I've been working on updating the HL Best Practices for NYS Agency Disclosure, and added sample forms explaining the different types of agency to reflect the information from Don Cummings. Attached is a first run at this document. I suggest we softening up the paragraph on Dual Agency and Dual Agency with Designation so that itis clear the only fiduciary duty that is CONFIDENTIAL HL00180331 FILED: WESTCHESTER COUNTY CLERK 03/23/2022 05:26 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1205 RECEIVED NYSCEF: 03/23/2022 shared is loyalty, and confidentiality must remain confidential with that agent. The paragraph in the document is a bitscary and I haven't yet modified it. Take a look at the attached document, please send me your thoughts and suggestions Thanks. ALSO attached is the video from the Don Cummings Seminar. It islong, but very informative and makes clear everything agents need to know about agency. I believe I am the only one that has previewed the completed video. I don't think we should send itout until the document is complete. Here is the video link, press on here to view the video. It is 1.5 hrs. long. http://www.wellcomemat.com/video/fnf4c8f477475e "Toni" Annette Chrystal, ABR Licensed RE Associate Broker Agent Development Center NYS Certified CE Instructor (914) 673-1640 Mobile/Text (914) 219-3218 (E-mail Fax) (914) 328-5200 Desk Visit my agent website Disclosure Best Practices Word.docx>