Motion-Secondary: Pamela Goldstein, Ellyn Berk, Tony Berk, Paul Benjamin v. Houlihan/Lawrence Inc.

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                                FILED:         WESTCHESTER              COUNTY         CLERK       06/02/2022             04:39        PM             INDEX    NO.   60767/2018
   NYSCEF     DOC.   NO.   1345                                                                               RECEIVED      NYSCEF:    06/02/2022




                  SUPREME COURT OF THE STATE OF NEW YORK
                  COUNTY OF WESTCHESTER

                  PAMELA GOLDSTEIN,                                          )
                  ELLYN & TONY BERK as Administrators of                     )
                  the Estate of Winifred Berk, and PAUL                      )
                  BENJAMIN, on behalf of themselves and all                  )     AFFIRMATION OF
                  others similarly situated,                                 )     ALFRED E. DONNELLAN
                                                                             )     IN REPLY
                                    Plaintiffs,                              )
                                                                             )     Index No.    60767/2018
                           vs.                                               )     Hon. Linda S. Jamieson
                                                                             )
                  HOULIHAN/LAWREN CE INC.,                                   )
                                                                             )
                                    Defendant.                               )
                                                                             )

                           ALFRED E. DONNELLAN, an attorney duly admitted to practice in the State of New

                  York, affirms the following under penalty of perjury:

                           1.       I am a partner at the firm of DelBello Donnellan Weingarten Wise & Wiederkehr,

                  LLP,   attorneys for Defendant Houlihan Lawrence,             Inc., and I am familiar with this matter to the

                  extent   set forth  below.   I  submit   this  affirmation   in  further  support    of Defendant's     motion    to

                  amend class definitions.

                            2.      Attached as HL Exhibit 1 is a true and correct copy of a letter dated February 22,

                  2022 from Robert D. MacGill, Esq. to Jeremy Vest, Esq.               and William Ohlemeyer, Esq.

                            3.      Attached as HL Exhibit 2 is a true and correct copy of a letter dated February 25,

                  2022 from Robert D. MacGill, Esq. to Discovery Referee, William P. Harrington, Esq.



                  Dated:   White Plains, New York
                           June 2, 2022




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   FILED:         WESTCHESTER              COUNTY         CLERK       06/02/2022             04:39        PM             INDEX    NO.   60767/2018
   NYSCEF     DOC.   NO.   1345                                                                                RECEIVED      NYSCEF:     06/02/2022




                                                               Certificate of Counsel
                                                  Pursuant to Commercial Division Rule 17

                           I, Alfred   E. Donnellan,     counsel   for Defendant,     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  143  words.    This   document     therefore
                  complies with the rule that       limits reply briefs, memoranda,       affirmations,    and  affidavits  to 4,200
                  words.   I certify that the Microsoft Word generated word count for this document is                143 words.

                  Dated: White Plains, New York
                           June 2, 2022




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