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FILED: WESTCHESTER COUNTY CLERK 07/15/2022 03:10 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1414 RECEIVED NYSCEF: 07/15/2022
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 ) AFFIRMATION OF
all others similarly situated, ) ALFRED E. DONNELLAN
) IN SUPPORT OF
Plaintiffs, ) CROSS-MOTION
)
vs. ) Index No. 60767/2018
) Hon. Linda S. Jamieson
HOULIHAN/LAWRENCE 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 support of
Defendant’s cross-motion pursuant to CPLR § 4403 and Section 202.44 of the Uniform
Rules for Trial Courts to reject that portion of the Discovery Referee’s Seventeenth
Report and Recommendation relating to the designation of discovery custodians,
together with such other, and further and different relief that this Court may deem just
and proper in the circumstances and the costs and disbursements of this motion.
2. Attached as HL Exhibit A is a true and correct copy of the Seventeenth
Report and Recommendation of the Discovery Referee dated June 30, 2022.
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FILED: WESTCHESTER COUNTY CLERK 07/15/2022 03:10 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1414 RECEIVED NYSCEF: 07/15/2022
3. Attached as HL Exhibit B is a true and correct copy of the Letter from
Jeremy C. Vest, dated June 20, 2022.
4. Attached as HL Exhibit C is a true and correct copy of the Sixteenth
Report and Recommendation of the Discovery Referee dated June 10, 2022.
5. Attached as HL Exhibit D is a true and correct copy of the Letter from
Jeremy C. Vest, dated April 20, 2022.
6. Attached as HL Exhibit E is a true and correct copy of the Letter from
Jeremy C. Vest, dated May 6, 2022.
7. Attached as HL Exhibit F is a true and correct copy of the Memorandum
of Law in Opposition to Houlihan Lawrence’s Discovery Motions 16-001 to 16-018,
dated May 25, 2022.
8. Attached as HL Exhibit G is a true and correct copy of the Letter from
Jeremy C. Vest, dated April 15, 2022.
9. Attached as HL Exhibit H is a true and correct copy of the transcript of the
hearing before the Discovery Referee William Harrington, dated June 28, 2022.
Dated: White Plains, New York
July 15, 2022 /s/ Alfred E. Donnellan
_________________________________
ALFRED E. DONNELLAN
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FILED: WESTCHESTER COUNTY CLERK 07/15/2022 03:10 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1414 RECEIVED NYSCEF: 07/15/2022
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 331
words. This document therefore complies with the rule that limits briefs, memoranda,
affirmations, and affidavits to 7,000 words. I certify that the Microsoft Word generated
word count for this document is 331 words.
Dated: White Plains, New York
July 15, 2022
/s/ Alfred E. Donnellan
___________________________________
ALFRED E. DONNELLAN
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Preview
FILED: WESTCHESTER COUNTY CLERK 07/15/2022 03:10 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1414 RECEIVED NYSCEF: 07/15/2022 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 ) AFFIRMATION OF all others similarly situated, ) ALFRED E. DONNELLAN ) IN SUPPORT OF Plaintiffs, ) CROSS-MOTION ) vs. ) Index No. 60767/2018 ) Hon. Linda S. Jamieson HOULIHAN/LAWRENCE 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 support of Defendant’s cross-motion pursuant to CPLR § 4403 and Section 202.44 of the Uniform Rules for Trial Courts to reject that portion of the Discovery Referee’s Seventeenth Report and Recommendation relating to the designation of discovery custodians, together with such other, and further and different relief that this Court may deem just and proper in the circumstances and the costs and disbursements of this motion. 2. Attached as HL Exhibit A is a true and correct copy of the Seventeenth Report and Recommendation of the Discovery Referee dated June 30, 2022. 1 1 of 3 FILED: WESTCHESTER COUNTY CLERK 07/15/2022 03:10 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1414 RECEIVED NYSCEF: 07/15/2022 3. Attached as HL Exhibit B is a true and correct copy of the Letter from Jeremy C. Vest, dated June 20, 2022. 4. Attached as HL Exhibit C is a true and correct copy of the Sixteenth Report and Recommendation of the Discovery Referee dated June 10, 2022. 5. Attached as HL Exhibit D is a true and correct copy of the Letter from Jeremy C. Vest, dated April 20, 2022. 6. Attached as HL Exhibit E is a true and correct copy of the Letter from Jeremy C. Vest, dated May 6, 2022. 7. Attached as HL Exhibit F is a true and correct copy of the Memorandum of Law in Opposition to Houlihan Lawrence’s Discovery Motions 16-001 to 16-018, dated May 25, 2022. 8. Attached as HL Exhibit G is a true and correct copy of the Letter from Jeremy C. Vest, dated April 15, 2022. 9. Attached as HL Exhibit H is a true and correct copy of the transcript of the hearing before the Discovery Referee William Harrington, dated June 28, 2022. Dated: White Plains, New York July 15, 2022 /s/ Alfred E. Donnellan _________________________________ ALFRED E. DONNELLAN 2 2 of 3 FILED: WESTCHESTER COUNTY CLERK 07/15/2022 03:10 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1414 RECEIVED NYSCEF: 07/15/2022 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 331 words. This document therefore complies with the rule that limits briefs, memoranda, affirmations, and affidavits to 7,000 words. I certify that the Microsoft Word generated word count for this document is 331 words. Dated: White Plains, New York July 15, 2022 /s/ Alfred E. Donnellan ___________________________________ ALFRED E. DONNELLAN 3 3 of 3