Preview
FILED: WESTCHESTER COUNTY CLERK 05/24/2022 03:52 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1309 RECEIVED NYSCEF: 05/24/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
PAMELA GOLDSTEIN,
ELLYN & TONY BERK as Administrators
Index No. 60767/2018
of the Estate of Winifred Berk, and PAUL
BENJAMIN, on behalf of themselves and Hon. Linda S. Jamieson
all others similarly situated,
Plaintiffs, AFFIRMATION
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, declares and states as follows:
1. I am a member in the law firm of Mintz, Levin, Cohn, Ferris, Glovsky,
and Popeo, P.C., co-counsel for Plaintiff Pamela Goldstein, Dr. Ellyn and Tony Berk,
as administrators of the Estate of Winifred Berk, and Paul Benjamin and the Class
certified by the Court on January 25, 2022 (collectively “Class Plaintiffs”). I submit
this affirmation in opposition to Defendant’s motion to amend the class definition.
2. Attached as Exhibit 1 is a true and correct copy of the transcript of a
hearing before Hon. Linda S. Jamieson, dated October 18, 2018.
3. Attached as Exhibit 2 is a true and correct copy of discovery document
HL00067633-HL00067634.
4. Attached as Exhibit 3 is a true and correct copy of a letter from Robert
MacGill to Jeremy Vest, dated January 28, 2019.
1 of 4
FILED: WESTCHESTER COUNTY CLERK 05/24/2022 03:52 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1309 RECEIVED NYSCEF: 05/24/2022
5. Attached as Exhibit 4 is a true and correct copy of discovery document
HL00002638.
6. Attached as Exhibit 5 is a true and correct copy of discovery document
HL00140011-HL00140012.
7. Attached as Exhibit 6 is a true and correct copy of discovery document
HL00063510-HL00063513.
8. Attached as Exhibit 7 is a true and correct copy of discovery document
HL00003495.
9. Attached as Exhibit 8 is a true and correct copy of discovery document
HL00014971.
10. Attached as Exhibit 9 is a true and correct copy of a letter from Robert
MacGill to Jeremy Vest, dated December 6, 2018.
11. Attached as Exhibit 10 is a true and correct copy of discovery document
HL00032866-HL00032874.
12. Attached as Exhibit 11 is a true and correct copy of discovery document
HL00006723.
13. Attached as Exhibit 12 is a true and correct copy of discovery document
HL00005811.
14. Attached as Exhibit 13 is a true and correct copy of discovery document
HL00006865-HL00006866.
15. Attached as Exhibit 14 is a true and correct copy of discovery document
HL00006718.
2
2 of 4
FILED: WESTCHESTER COUNTY CLERK 05/24/2022 03:52 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1309 RECEIVED NYSCEF: 05/24/2022
16. Attached as Exhibit 15 is a true and correct copy of discovery document
HL00006720.
17. Attached as Exhibit 16 is a true and correct copy of discovery document
HL00005806-HL00005807.
18. Attached as Exhibit 17 is a true and correct copy of discovery document
HL00005804.
19. Attached as Exhibit 18 is a true and correct copy of discovery document
HL00006864.
20. Attached as Exhibit 19 is a true and correct copy of discovery document
HL00036697-HL00036822.
21. Attached as Exhibit 20 is a true and correct copy of discovery document
HL00067649-HL00067651.
22. Attached as Exhibit 21 is a true and correct copy of an Order Granting
Class Certification in the matter Tanner et al. v. Vista Real Estate, Inc. et al., Case
No. 3AN-02-11090 CI, filed in the Third Judicial District at Anchorage in the
Superior Court for the State of Alaska, dated August 20, 2010.
Dated: New York, New York
May 24, 2022
Jeremy Vest
JEREMY VEST
3
3 of 4
FILED: WESTCHESTER COUNTY CLERK 05/24/2022 03:52 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1309 RECEIVED NYSCEF: 05/24/2022
Certificate of Counsel
Pursuant to Commercial 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 472 words.
This document therefore complies with the rule, which limits briefs, memoranda,
affirmations, and affidavits to 7,000 words. I certify that the word count Microsoft
Word generated for this document is 472.
Dated: May 24, 2022
New York, New York
MINTZ, LEVIN, COHN, FERRIS,
GLOVSKY, AND POPEO
By: /s/ 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
Class Counsel for Class Plaintiffs
4
4 of 4
Preview
FILED: WESTCHESTER COUNTY CLERK 05/24/2022 03:52 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1309 RECEIVED NYSCEF: 05/24/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER PAMELA GOLDSTEIN, ELLYN & TONY BERK as Administrators Index No. 60767/2018 of the Estate of Winifred Berk, and PAUL BENJAMIN, on behalf of themselves and Hon. Linda S. Jamieson all others similarly situated, Plaintiffs, AFFIRMATION 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, declares and states as follows: 1. I am a member in the law firm of Mintz, Levin, Cohn, Ferris, Glovsky, and Popeo, P.C., co-counsel for Plaintiff Pamela Goldstein, Dr. Ellyn and Tony Berk, as administrators of the Estate of Winifred Berk, and Paul Benjamin and the Class certified by the Court on January 25, 2022 (collectively “Class Plaintiffs”). I submit this affirmation in opposition to Defendant’s motion to amend the class definition. 2. Attached as Exhibit 1 is a true and correct copy of the transcript of a hearing before Hon. Linda S. Jamieson, dated October 18, 2018. 3. Attached as Exhibit 2 is a true and correct copy of discovery document HL00067633-HL00067634. 4. Attached as Exhibit 3 is a true and correct copy of a letter from Robert MacGill to Jeremy Vest, dated January 28, 2019. 1 of 4 FILED: WESTCHESTER COUNTY CLERK 05/24/2022 03:52 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1309 RECEIVED NYSCEF: 05/24/2022 5. Attached as Exhibit 4 is a true and correct copy of discovery document HL00002638. 6. Attached as Exhibit 5 is a true and correct copy of discovery document HL00140011-HL00140012. 7. Attached as Exhibit 6 is a true and correct copy of discovery document HL00063510-HL00063513. 8. Attached as Exhibit 7 is a true and correct copy of discovery document HL00003495. 9. Attached as Exhibit 8 is a true and correct copy of discovery document HL00014971. 10. Attached as Exhibit 9 is a true and correct copy of a letter from Robert MacGill to Jeremy Vest, dated December 6, 2018. 11. Attached as Exhibit 10 is a true and correct copy of discovery document HL00032866-HL00032874. 12. Attached as Exhibit 11 is a true and correct copy of discovery document HL00006723. 13. Attached as Exhibit 12 is a true and correct copy of discovery document HL00005811. 14. Attached as Exhibit 13 is a true and correct copy of discovery document HL00006865-HL00006866. 15. Attached as Exhibit 14 is a true and correct copy of discovery document HL00006718. 2 2 of 4 FILED: WESTCHESTER COUNTY CLERK 05/24/2022 03:52 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1309 RECEIVED NYSCEF: 05/24/2022 16. Attached as Exhibit 15 is a true and correct copy of discovery document HL00006720. 17. Attached as Exhibit 16 is a true and correct copy of discovery document HL00005806-HL00005807. 18. Attached as Exhibit 17 is a true and correct copy of discovery document HL00005804. 19. Attached as Exhibit 18 is a true and correct copy of discovery document HL00006864. 20. Attached as Exhibit 19 is a true and correct copy of discovery document HL00036697-HL00036822. 21. Attached as Exhibit 20 is a true and correct copy of discovery document HL00067649-HL00067651. 22. Attached as Exhibit 21 is a true and correct copy of an Order Granting Class Certification in the matter Tanner et al. v. Vista Real Estate, Inc. et al., Case No. 3AN-02-11090 CI, filed in the Third Judicial District at Anchorage in the Superior Court for the State of Alaska, dated August 20, 2010. Dated: New York, New York May 24, 2022 Jeremy Vest JEREMY VEST 3 3 of 4 FILED: WESTCHESTER COUNTY CLERK 05/24/2022 03:52 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1309 RECEIVED NYSCEF: 05/24/2022 Certificate of Counsel Pursuant to Commercial 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 472 words. This document therefore complies with the rule, which limits briefs, memoranda, affirmations, and affidavits to 7,000 words. I certify that the word count Microsoft Word generated for this document is 472. Dated: May 24, 2022 New York, New York MINTZ, LEVIN, COHN, FERRIS, GLOVSKY, AND POPEO By: /s/ 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 Class Counsel for Class Plaintiffs 4 4 of 4