Preview
FILED: WESTCHESTER COUNTY CLERK 04/28/2022 11:44 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1304 RECEIVED NYSCEF: 04/28/2022
HOULIHAN LAWRENCE
MOTION TO AMEND CLASS DEFINITION
EXHIBIT 9
August 14, 2019 Deposition of Tony Berk
Any redactions have been applied pursuant to the so-ordered Thirteenth Report and
Recommendation, NYSCEF Doc. Nos. 1075, 1083.
FILED: WESTCHESTER COUNTY CLERK 04/28/2022 11:44 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1304 RECEIVED NYSCEF: 04/28/2022
August 14, 2019
Page 1 Page 3
1
SUPREME COURT OF THE STATE OF NEW YORK 2 S T I P U L A T I O N S:
COUNTY OF WESTCHESTER : INDEX NO. 60767/2018
---------------------- 3 IT IS HEREBY STIPULATED, by and between
PAMELA GOLDSTEIN, ELLYN & TONY BERK, as 4 the attorneys for the respective parties hereto, that
Administrators of the Estate of WINIFERD BERK,
5 all rights provided by the C.P.L.R., and Part 221 of
and PAUL BENJAMIN, on behalf of themselves and
all others similarly situated, 6 the Uniform Rules for the Conduct of Depositions,
7 including the right to object to any question, except
Plaintiffs,
8 as to form, or to move to strike any testimony at this
- against - 9 examination are reserved; and, in addition, the failure
10 to object to any question or to move to strike any
HOULIHAN/LAWRENCE, INC.,
11 testimony at this examination shall not be a bar or
Defendant. 12 waiver to make such motion at, and is reserved to, the
13 trial of this action.
-----------------------
14 IT IS FURTHER STIPULATED that this
15 deposition may be sworn to by the witness being
August 14, 2019 16 examined before a notary public other than the notary
10:15 a.m. 17 public before whom this examination was begun; but the
18 failure to do so or to return the original of this
19 deposition to counsel shall not be deemed a waiver of
VIDEOTAPED DEPOSITION OF TONY BERK, pursuant to
20
Subpoena, taken by Defendant at the offices of Collier the rights provided by Rule 3116 of the C.P.L.R., and
Halpern & Newberg, LLP, One North Lexington Avenue,21 shall be controlled thereby. The filing of the
White Plains, New York 10601, before Blase J. Spinozzi,
22 original of this deposition is waived.
a Shorthand Reporter and Notary Public within and for
the State of New York. 23 IT IS FURTHER STIPULATED that a copy of
24 this examination shall be furnished to the attorney for
25 the witness being examined without charge therefor.
Page 2 Page 4
1 1 - Tony B. Berk -
2 A P P E A R A N C E S:
3 2 VIDEO TECHNICIAN: We are on the
BOISE SHILLER FLEXNER, LLP
4 Attorneys for Plaintiffs
3 record. The time is approximately 10:15
PAMELA GOLDSTEIN, ELLYN & TONY BERK, 4 a.m., the date is Wednesday, August 14th,
5 as Administrators of the Estate of
WINIFRED BERK and PAUL BENJAMIN, on 5 2019.
6 behalf of themselves and all others
similarly situated
6 This is the video deposition of Tony
7 333 Main Street 7 Berk, in the matter of Pamela Goldstein,
Armonk, New York 10504
8 BY: JEREMY VEST, ESQ. 8 Ellyn & Tony Berk, as Administrators of the
(jvest@bsfllp.com)
9 9 Estate of Winifred Berk, and Paul Benjamin,
10 10 on behalf of themselves and all others
COLLIER HALPERN & NEWBERG, LLP
11 Attorneys for Defendant 11 similarly situated, versus
HOULIHAN/LAWRENCE, INC.
12 One North Lexington Avenue 12 Houlihan/Lawrence, Index Number 60767/2018,
White Plains, New York 10601 13 in the Supreme Court of the State of New
13 BY: SHARI B. HOCHBERG, ESQ.
(shochberg@chnnb.com) 14 York, County of Westchester.
14
15 15 My name is David Shereck, Certified
BARNES & THORNBURG, LLP 16 Legal Videographer, Shereck Video
16 Attorneys for Defendant
HOULIHAN/LAWRENCE, INC. 17 Associates, in association with Lexitas
17 11 South Meridian Street
Indianapolis, Indiana 46204 18 Deitz of Rockville Centre, New York.
18 BY: ROBERT MAC GILL, ESQ. 19 We are located today at the offices of
(robert.macgill@btlaw.com)
19 and 20 Collier Halpern & Newberg, LLP, One North
BY: JESSICA LINDEMANN, ESQ.
20 (jessica.lindemann@btlaw.com) 21 Lexington Avenue, White Plains, New York.
21 *** 22 Will counsel please identify themselves
22 DAVID SHERECK,
Certified legal videographer 23 for the record, and state whom you
23
24 BLASE J. SPINOZZI, 24 represent.
Sr. Court Reporter 25 MR. MacGILL: Robert MacGill, Jessica
25
1 (Pages 1 to 4)
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: WESTCHESTER COUNTY CLERK 04/28/2022 11:44 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1304 RECEIVED NYSCEF: 04/28/2022
August 14, 2019
Page 33 Page 35
1 - Tony B. Berk - 1 - Tony B. Berk -
2 A. I understood the contract was binding. 2 anyone else.
3 Q. Let me finish my question. 3 Q. Did you read the complaint that was
4 A. Oh. 4 filed with your name on it?
5 Q. You understood that your commercial 5 A. Yes, I did.
6 relationship with Houlihan/Lawrence and Gino Bello
6 Q. When did you read it?
7 would be controlled by the contract that you signed
7 A. I read it around the time it was
8 with the company; is that correct? 8 created.
9 A. That's correct. 9 Q. Did you read it before it was filed?
10 Q. And that was a contract that you never 10 A. Yes.
11 read? 11 Q. And did you understand you were going
12 A. I never read all of it. 12 to be listed as a plaintiff?
13 MR. VEST: Objection.Mischaracterizes 13 A. Yes.
14 the witness' testimony. 14 Q. You and your sister?
15 Q. And as you sit here today, you haven't 15 A. Yes.
16 read that contract with Houlihan/Lawrence? 16 Q. Okay. Now, what did you do to prepare
17 MR. VEST: Objection. 17 to give testimony here today?
18 A. No, as I sit here today, I have. 18 A. I read through the pleadings, looked at
19 Q. When did you read the contract? 19 exhibits that were, I believe, attached to the
20 A. I read through it.
I don't know what 20 pleadings, and I talked to my attorney.
21 date, recently. 21 Q. And when did you talk to your attorney?
22 Q. How recently? 22 A. You're asking -- I'm not sure.
23 A. Probably a couple of months ago. 23 Q. You said you talked to your attorney.
24 Q. Okay. Why did you read it a couple of 24 A. All the time I talked to my attorney,
25 months ago? 25 or just in preparation?
Page 34 Page 36
1 - Tony B. Berk - 1 - Tony B. Berk -
2 A. I was interested in other provisions as 2 Q. In preparation.
3 they come up, and what was it. 3 A. In preparation for the EBT?
4 Q. What do you mean if they came up? 4 Q. Yes.
5 A. No, as I read them, I was interested in 5 A. Yesterday, I talked to him at length;
6 seeing what else was in the contract. 6 but otherwise, I just had some brief -- I had a
7 Q. But it was approximately two months ago 7 couple of conversations over the telephone.
8 that you read the contract for the first time? 8 Q. How much time did you spend yesterday?
9 A. I can't give you a date, but it was -- 9 A. From 9:30 until about 4:00, with
10 it was some time -- I read the contract, portions of
10 breaks.
11 it going back to probably after we read the article
11 Q. And who was present during those
12 in the Wall Street Journal. 12 meetings?
13 Q. So you read it sometime in the year 13 A. My attorney.
14 2018? 14 Q. Who?
15 A. I had to get it.
I didn't have a copy 15 A. Jeremy Vest.
16 of it, first. 16 Q. Anybody else?
17 Q. Where did you get it from? 17 A. No.
18 A. I can't remember if I found a copy.
I 18 Q. And you were shown documents at that
19 don't think I had a complete copy at all.
In fact, 19 meeting?
20 to this day, I only saw one in the pleadings.
I 20 A. Yes.
21 didn't have one.
I can't answer that.
I'm not sure 21 Q. Did any of those documents refresh your
22 where it was.
It might have been my sister, but I 22 memory about the matters in this case?
23 don't know, I can't tell you that.
I might have had 23 A. To some extent, some did, some didn't,
24 a copy of what I signed before it was sent out. 24 some I've never seen.
25 In other words, it wasn't signed by 25 Q. Now, with respect to the complaint, are
9 (Pages 33 to 36)
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: WESTCHESTER COUNTY CLERK 04/28/2022 11:44 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1304 RECEIVED NYSCEF: 04/28/2022
August 14, 2019
Page 37 Page 39
1 - Tony B. Berk - 1 - Tony B. Berk -
2 you seeking damages in this case? 2 Houlihan/Lawrence.
3 A. I'm seeking return and refund of our 3 Q. And did you understand that Gino Bello
4 commission, but nothing beyond that. 4 represented your interest in the sales transaction?
5 Q. Okay. And what was the commission you 5 A. That was my belief.
6 paid here? 6 Q. And the interest of your sister?
7 A. Five percent, I believe, of the sale 7 A. Yes.
8 price of 479 something thousand dollars. 8 Q. And you both were interested in this
9 Q. And why do you believe that you are 9 because this was the sale that was being made of your
10 entitled to return of your commission? 10 mother's home; is that right?
11 A. I believe that I contracted with a real 11 A. This was the main asset of her estate.
12 estate brokerage to act as my fiduciary in all 12 Q. And the two of you were going to split
13 matters relating to the sale of the house, and that's
13 that?
14 primarily what I was paying a commission for. 14 A. Yeah, we --
15 Loyalty to me, to represent me in that matter as far
15 Q. The proceeds.
16 as a broker does; not as an attorney, but as a real
16 A. We were the sole beneficiaries.
17 estate broker, a fiduciary. 17 Q. And did you ultimately split the
18 Especially, since I was over six 18 proceeds?
19 hundred miles away for the most part, except for19 A. Yes.
20 several trips up there, I entrusted essentially my
20 Q. Fifty/fifty?
21 financial interest in it to a great deal to that21 A. Yes.
22 brokerage. I felt that they betrayed that, and 22 Q. So Mr. Bello was representing the
23 that's why I feel I should get the commission back.
23 interest of the estate, as you understood it?
24 Q. How did they betray their fiduciary 24 A. Yes, at the time, it was the estate.
25 duties? 25 We couldn't settle the estate until the house was
Page 38 Page 40
1 - Tony B. Berk - 1 - Tony B. Berk -
2 A. They didn't indicate to me and explain 2 sold.
3 to me what the essential nature of dual agency was,
3 Q. All right. Now, are you claiming as
4 how it operated.
And that it actually diluted the 4 the estate in this case, or are you claiming as --
5 loyalty, the fiduciary relationship between the 5 A. As the administrator of the estate,
6 broker and me, or the sales agent and me.
I should 6 because we were still administering the estate when
7 say "sales agent," that their loyalty -- in other7 the sale was taking place.
8 words, this loyalty to represent my interests and my
8 Q. Okay. And so you're claiming for the
9 interests alone stopped, and at the point of 9 estate of Winifred --
10 negotiation, he would actually be in a dual agency
10 A. Winifred Beatrice Berk.
11 situation and will be representing both sides. 11 Q. All right. But you understood that
12 Q. Who represented both sides in your 12 Gino Bello here was hired to --
13 transaction? 13 Was the engagement that you signed, or
14 A. Houlihan/Lawrence. 14 the contract that you signed, was that made in your
15 Q. Okay. But who was your agent? 15 own personal name, or was that made through the name
16 A. I mean Houlihan/Lawrence, the 16 of the estate?
17 brokerage. 17 A. No, it was as representatives and
18 Q. But who represented you in the 18 administrators of the estate. We actually had to
19 transaction, as you understood things? 19 turn over a copy of our letters of administration~--
20 MR. VEST: Objection.Calls for a 20 Q. All right.
21 legal conclusion. 21 A. -- before we could sign the contract.
22 A. Legally? My lawyer was an attorney, 22 Q. Now, as a result of what you claim to
23 naturally. 23 be a fiduciary duty, how was your financial interest
24 Q. Who was your real estate agent? 24 affected?
25 A. My real estate agent was Gino Bello and 25 MR. VEST: Objection. Vague.
10 (Pages 37 to 40)
DEITZ Court Reporting... A Lexitas Company
800-678-0166
Preview
FILED: WESTCHESTER COUNTY CLERK 04/28/2022 11:44 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1304 RECEIVED NYSCEF: 04/28/2022 HOULIHAN LAWRENCE MOTION TO AMEND CLASS DEFINITION EXHIBIT 9 August 14, 2019 Deposition of Tony Berk Any redactions have been applied pursuant to the so-ordered Thirteenth Report and Recommendation, NYSCEF Doc. Nos. 1075, 1083. FILED: WESTCHESTER COUNTY CLERK 04/28/2022 11:44 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1304 RECEIVED NYSCEF: 04/28/2022 August 14, 2019 Page 1 Page 3 1 SUPREME COURT OF THE STATE OF NEW YORK 2 S T I P U L A T I O N S: COUNTY OF WESTCHESTER : INDEX NO. 60767/2018 ---------------------- 3 IT IS HEREBY STIPULATED, by and between PAMELA GOLDSTEIN, ELLYN & TONY BERK, as 4 the attorneys for the respective parties hereto, that Administrators of the Estate of WINIFERD BERK, 5 all rights provided by the C.P.L.R., and Part 221 of and PAUL BENJAMIN, on behalf of themselves and all others similarly situated, 6 the Uniform Rules for the Conduct of Depositions, 7 including the right to object to any question, except Plaintiffs, 8 as to form, or to move to strike any testimony at this - against - 9 examination are reserved; and, in addition, the failure 10 to object to any question or to move to strike any HOULIHAN/LAWRENCE, INC., 11 testimony at this examination shall not be a bar or Defendant. 12 waiver to make such motion at, and is reserved to, the 13 trial of this action. ----------------------- 14 IT IS FURTHER STIPULATED that this 15 deposition may be sworn to by the witness being August 14, 2019 16 examined before a notary public other than the notary 10:15 a.m. 17 public before whom this examination was begun; but the 18 failure to do so or to return the original of this 19 deposition to counsel shall not be deemed a waiver of VIDEOTAPED DEPOSITION OF TONY BERK, pursuant to 20 Subpoena, taken by Defendant at the offices of Collier the rights provided by Rule 3116 of the C.P.L.R., and Halpern & Newberg, LLP, One North Lexington Avenue,21 shall be controlled thereby. The filing of the White Plains, New York 10601, before Blase J. Spinozzi, 22 original of this deposition is waived. a Shorthand Reporter and Notary Public within and for the State of New York. 23 IT IS FURTHER STIPULATED that a copy of 24 this examination shall be furnished to the attorney for 25 the witness being examined without charge therefor. Page 2 Page 4 1 1 - Tony B. Berk - 2 A P P E A R A N C E S: 3 2 VIDEO TECHNICIAN: We are on the BOISE SHILLER FLEXNER, LLP 4 Attorneys for Plaintiffs 3 record. The time is approximately 10:15 PAMELA GOLDSTEIN, ELLYN & TONY BERK, 4 a.m., the date is Wednesday, August 14th, 5 as Administrators of the Estate of WINIFRED BERK and PAUL BENJAMIN, on 5 2019. 6 behalf of themselves and all others similarly situated 6 This is the video deposition of Tony 7 333 Main Street 7 Berk, in the matter of Pamela Goldstein, Armonk, New York 10504 8 BY: JEREMY VEST, ESQ. 8 Ellyn & Tony Berk, as Administrators of the (jvest@bsfllp.com) 9 9 Estate of Winifred Berk, and Paul Benjamin, 10 10 on behalf of themselves and all others COLLIER HALPERN & NEWBERG, LLP 11 Attorneys for Defendant 11 similarly situated, versus HOULIHAN/LAWRENCE, INC. 12 One North Lexington Avenue 12 Houlihan/Lawrence, Index Number 60767/2018, White Plains, New York 10601 13 in the Supreme Court of the State of New 13 BY: SHARI B. HOCHBERG, ESQ. (shochberg@chnnb.com) 14 York, County of Westchester. 14 15 15 My name is David Shereck, Certified BARNES & THORNBURG, LLP 16 Legal Videographer, Shereck Video 16 Attorneys for Defendant HOULIHAN/LAWRENCE, INC. 17 Associates, in association with Lexitas 17 11 South Meridian Street Indianapolis, Indiana 46204 18 Deitz of Rockville Centre, New York. 18 BY: ROBERT MAC GILL, ESQ. 19 We are located today at the offices of (robert.macgill@btlaw.com) 19 and 20 Collier Halpern & Newberg, LLP, One North BY: JESSICA LINDEMANN, ESQ. 20 (jessica.lindemann@btlaw.com) 21 Lexington Avenue, White Plains, New York. 21 *** 22 Will counsel please identify themselves 22 DAVID SHERECK, Certified legal videographer 23 for the record, and state whom you 23 24 BLASE J. SPINOZZI, 24 represent. Sr. Court Reporter 25 MR. MacGILL: Robert MacGill, Jessica 25 1 (Pages 1 to 4) DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: WESTCHESTER COUNTY CLERK 04/28/2022 11:44 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1304 RECEIVED NYSCEF: 04/28/2022 August 14, 2019 Page 33 Page 35 1 - Tony B. Berk - 1 - Tony B. Berk - 2 A. I understood the contract was binding. 2 anyone else. 3 Q. Let me finish my question. 3 Q. Did you read the complaint that was 4 A. Oh. 4 filed with your name on it? 5 Q. You understood that your commercial 5 A. Yes, I did. 6 relationship with Houlihan/Lawrence and Gino Bello 6 Q. When did you read it? 7 would be controlled by the contract that you signed 7 A. I read it around the time it was 8 with the company; is that correct? 8 created. 9 A. That's correct. 9 Q. Did you read it before it was filed? 10 Q. And that was a contract that you never 10 A. Yes. 11 read? 11 Q. And did you understand you were going 12 A. I never read all of it. 12 to be listed as a plaintiff? 13 MR. VEST: Objection.Mischaracterizes 13 A. Yes. 14 the witness' testimony. 14 Q. You and your sister? 15 Q. And as you sit here today, you haven't 15 A. Yes. 16 read that contract with Houlihan/Lawrence? 16 Q. Okay. Now, what did you do to prepare 17 MR. VEST: Objection. 17 to give testimony here today? 18 A. No, as I sit here today, I have. 18 A. I read through the pleadings, looked at 19 Q. When did you read the contract? 19 exhibits that were, I believe, attached to the 20 A. I read through it. I don't know what 20 pleadings, and I talked to my attorney. 21 date, recently. 21 Q. And when did you talk to your attorney? 22 Q. How recently? 22 A. You're asking -- I'm not sure. 23 A. Probably a couple of months ago. 23 Q. You said you talked to your attorney. 24 Q. Okay. Why did you read it a couple of 24 A. All the time I talked to my attorney, 25 months ago? 25 or just in preparation? Page 34 Page 36 1 - Tony B. Berk - 1 - Tony B. Berk - 2 A. I was interested in other provisions as 2 Q. In preparation. 3 they come up, and what was it. 3 A. In preparation for the EBT? 4 Q. What do you mean if they came up? 4 Q. Yes. 5 A. No, as I read them, I was interested in 5 A. Yesterday, I talked to him at length; 6 seeing what else was in the contract. 6 but otherwise, I just had some brief -- I had a 7 Q. But it was approximately two months ago 7 couple of conversations over the telephone. 8 that you read the contract for the first time? 8 Q. How much time did you spend yesterday? 9 A. I can't give you a date, but it was -- 9 A. From 9:30 until about 4:00, with 10 it was some time -- I read the contract, portions of 10 breaks. 11 it going back to probably after we read the article 11 Q. And who was present during those 12 in the Wall Street Journal. 12 meetings? 13 Q. So you read it sometime in the year 13 A. My attorney. 14 2018? 14 Q. Who? 15 A. I had to get it. I didn't have a copy 15 A. Jeremy Vest. 16 of it, first. 16 Q. Anybody else? 17 Q. Where did you get it from? 17 A. No. 18 A. I can't remember if I found a copy. I 18 Q. And you were shown documents at that 19 don't think I had a complete copy at all. In fact, 19 meeting? 20 to this day, I only saw one in the pleadings. I 20 A. Yes. 21 didn't have one. I can't answer that. I'm not sure 21 Q. Did any of those documents refresh your 22 where it was. It might have been my sister, but I 22 memory about the matters in this case? 23 don't know, I can't tell you that. I might have had 23 A. To some extent, some did, some didn't, 24 a copy of what I signed before it was sent out. 24 some I've never seen. 25 In other words, it wasn't signed by 25 Q. Now, with respect to the complaint, are 9 (Pages 33 to 36) DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: WESTCHESTER COUNTY CLERK 04/28/2022 11:44 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1304 RECEIVED NYSCEF: 04/28/2022 August 14, 2019 Page 37 Page 39 1 - Tony B. Berk - 1 - Tony B. Berk - 2 you seeking damages in this case? 2 Houlihan/Lawrence. 3 A. I'm seeking return and refund of our 3 Q. And did you understand that Gino Bello 4 commission, but nothing beyond that. 4 represented your interest in the sales transaction? 5 Q. Okay. And what was the commission you 5 A. That was my belief. 6 paid here? 6 Q. And the interest of your sister? 7 A. Five percent, I believe, of the sale 7 A. Yes. 8 price of 479 something thousand dollars. 8 Q. And you both were interested in this 9 Q. And why do you believe that you are 9 because this was the sale that was being made of your 10 entitled to return of your commission? 10 mother's home; is that right? 11 A. I believe that I contracted with a real 11 A. This was the main asset of her estate. 12 estate brokerage to act as my fiduciary in all 12 Q. And the two of you were going to split 13 matters relating to the sale of the house, and that's 13 that? 14 primarily what I was paying a commission for. 14 A. Yeah, we -- 15 Loyalty to me, to represent me in that matter as far 15 Q. The proceeds. 16 as a broker does; not as an attorney, but as a real 16 A. We were the sole beneficiaries. 17 estate broker, a fiduciary. 17 Q. And did you ultimately split the 18 Especially, since I was over six 18 proceeds? 19 hundred miles away for the most part, except for19 A. Yes. 20 several trips up there, I entrusted essentially my 20 Q. Fifty/fifty? 21 financial interest in it to a great deal to that21 A. Yes. 22 brokerage. I felt that they betrayed that, and 22 Q. So Mr. Bello was representing the 23 that's why I feel I should get the commission back. 23 interest of the estate, as you understood it? 24 Q. How did they betray their fiduciary 24 A. Yes, at the time, it was the estate. 25 duties? 25 We couldn't settle the estate until the house was Page 38 Page 40 1 - Tony B. Berk - 1 - Tony B. Berk - 2 A. They didn't indicate to me and explain 2 sold. 3 to me what the essential nature of dual agency was, 3 Q. All right. Now, are you claiming as 4 how it operated. And that it actually diluted the 4 the estate in this case, or are you claiming as -- 5 loyalty, the fiduciary relationship between the 5 A. As the administrator of the estate, 6 broker and me, or the sales agent and me. I should 6 because we were still administering the estate when 7 say "sales agent," that their loyalty -- in other7 the sale was taking place. 8 words, this loyalty to represent my interests and my 8 Q. Okay. And so you're claiming for the 9 interests alone stopped, and at the point of 9 estate of Winifred -- 10 negotiation, he would actually be in a dual agency 10 A. Winifred Beatrice Berk. 11 situation and will be representing both sides. 11 Q. All right. But you understood that 12 Q. Who represented both sides in your 12 Gino Bello here was hired to -- 13 transaction? 13 Was the engagement that you signed, or 14 A. Houlihan/Lawrence. 14 the contract that you signed, was that made in your 15 Q. Okay. But who was your agent? 15 own personal name, or was that made through the name 16 A. I mean Houlihan/Lawrence, the 16 of the estate? 17 brokerage. 17 A. No, it was as representatives and 18 Q. But who represented you in the 18 administrators of the estate. We actually had to 19 transaction, as you understood things? 19 turn over a copy of our letters of administration~-- 20 MR. VEST: Objection.Calls for a 20 Q. All right. 21 legal conclusion. 21 A. -- before we could sign the contract. 22 A. Legally? My lawyer was an attorney, 22 Q. Now, as a result of what you claim to 23 naturally. 23 be a fiduciary duty, how was your financial interest 24 Q. Who was your real estate agent? 24 affected? 25 A. My real estate agent was Gino Bello and 25 MR. VEST: Objection. Vague. 10 (Pages 37 to 40) DEITZ Court Reporting... A Lexitas Company 800-678-0166