On July 14, 2018 a
Motion-Secondary
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.
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FILED: WESTCHESTER COUNTY CLERK 12/01/2022 05:00 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1486 RECEIVED NYSCEF: 12/01/2022
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 AND
) OPPOSITION TO PLAINTIFFS’
vs. ) MOTION
)
HOULIHAN/LAWRENCE INC., ) Index No. 60767/2018
) Hon. Linda S. Jamieson
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 the Discovery Referee’s Twentieth and Twenty-First
Report and Recommendation, 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.
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FILED: WESTCHESTER COUNTY CLERK 12/01/2022 05:00 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1486 RECEIVED NYSCEF: 12/01/2022
2. Attached as HL Exhibit A, the Discovery Referee’s Twentieth Report and
Recommendation dated November 9, 2022.
3. Attached as HL Exhibit B, the Discovery Referee’s Twenty First Report
and Recommendation dated November 11, 2022.
4. Attached as HL Exhibit C is a copy of the NY Orders 2018-6 dated March
8, 2018 whereby the Administrative Board of the Courts sought public comment on a
proposed amendment of Rule 11-e of the Rules of the Commercial Division.
Dated: White Plains, New York
December 1, 2022 /s/ Alfred E. Donnellan
_________________________________
ALFRED E. DONNELLAN
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FILED: WESTCHESTER COUNTY CLERK 12/01/2022 05:00 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1486 RECEIVED NYSCEF: 12/01/2022
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 197
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 197 words.
Dated: White Plains, New York
December 1, 2022
/s/ Alfred E. Donnellan
___________________________________
ALFRED E. DONNELLAN
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3 of 3
Document Filed Date
December 01, 2022
Case Filing Date
July 14, 2018
Category
Commercial Division
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FILED: WESTCHESTER COUNTY CLERK 12/01/2022 05:00 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1486 RECEIVED NYSCEF: 12/01/2022 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 AND ) OPPOSITION TO PLAINTIFFS’ vs. ) MOTION ) HOULIHAN/LAWRENCE INC., ) Index No. 60767/2018 ) Hon. Linda S. Jamieson 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 the Discovery Referee’s Twentieth and Twenty-First Report and Recommendation, 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. 1 1 of 3 FILED: WESTCHESTER COUNTY CLERK 12/01/2022 05:00 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1486 RECEIVED NYSCEF: 12/01/2022 2. Attached as HL Exhibit A, the Discovery Referee’s Twentieth Report and Recommendation dated November 9, 2022. 3. Attached as HL Exhibit B, the Discovery Referee’s Twenty First Report and Recommendation dated November 11, 2022. 4. Attached as HL Exhibit C is a copy of the NY Orders 2018-6 dated March 8, 2018 whereby the Administrative Board of the Courts sought public comment on a proposed amendment of Rule 11-e of the Rules of the Commercial Division. Dated: White Plains, New York December 1, 2022 /s/ Alfred E. Donnellan _________________________________ ALFRED E. DONNELLAN 2 2 of 3 FILED: WESTCHESTER COUNTY CLERK 12/01/2022 05:00 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1486 RECEIVED NYSCEF: 12/01/2022 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 197 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 197 words. Dated: White Plains, New York December 1, 2022 /s/ Alfred E. Donnellan ___________________________________ ALFRED E. DONNELLAN 3 3 of 3