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

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                                FILED: WESTCHESTER COUNTY CLERK 02/22/2023 12:45 PM                                    INDEX NO. 60767/2018
NYSCEF DOC. NO. 1547                                                           RECEIVED NYSCEF: 02/22/2023




                                                                      Motion Sequence No. 21

          SUPREME COURT OF THE STATE OF NEW YORK
          COUNTY OF WESTCHESTER

                                                            Index No. 60767/2018
           PAMELA GOLDSTEIN,
           ELLYN & TONY BERK as Administrators              Hon. Linda S. Jamieson
           of the Estate of Winifred Berk, and PAUL
           BENJAMIN, on behalf of themselves and            DECLARATION OF JEREMY
           all others similarly situated,                   VEST IN SUPPORT OF CLASS
                               Plaintiffs,                  PLAINTIFFS’ MOTION TO
                                                            CONFIRM THE TWENTY-
                 v.                                         FOURTH REPORT AND
           HOULIHAN/LAWRENCE INC.,                          RECOMMENDATION
                               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. (“Mintz”) and Co-Class Counsel to Class Plaintiffs in Pamela

          Goldstein, Dr. Ellyn and Tony Berk, as administrators of the Estate of Winifred

          Berk, and Paul Benjamin v. Houlihan/Lawrence Inc., Index No. 60767/2018. I

          make this declaration in support of Class Plaintiffs’ Motion to Confirm the Twenty-

          Fourth Report and Recommendation. I have personal knowledge of the facts set

          forth in this declaration and, if called to testify about those facts, could and would

          do so competently under oath.

                2.     Attached as Exhibit 1 is a true and correct copy of a letter from Robert

          MacGill to Jeremy Vest, dated March 21, 2022.




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FILED: WESTCHESTER COUNTY CLERK 02/22/2023 12:45 PM                                 INDEX NO. 60767/2018
NYSCEF DOC. NO. 1547                                                        RECEIVED NYSCEF: 02/22/2023




                3.     Attached as Exhibit 2 is a true and correct copy of an email from

          Jeremy Vest to Robert MacGill, dated March 22, 2022.

                4.     Attached as Exhibit 3 is a true and correct copy of a letter from

          Jeremy Vest to Robert MacGill, dated April 5, 2022.

                5.     Attached as Exhibit 4 is a true and correct copy of a letter from Robert

          MacGill to Jeremy Vest, dated April 7, 2022.

                6.     Attached as Exhibit 5 is a true and correct copy of a letter from

          Jeremy Vest to William Harrington, dated May 6, 2022.

                7.     Attached as Exhibit 6 is a true and correct copy of a letter from Robert

          MacGill to William Harrington, dated May 2, 2022.

                8.     Attached as Exhibit 7 is a true and correct copy of an email from

          Robert MacGill to William Harrington, dated May 18, 2022.

                9.     Attached as Exhibit 8 is a true and correct copy of Defendant’s Motion

          to Stay Certain Portions of Fifteenth Report and Recommendation (Discovery

          Referee Motion 15-001), dated May 18, 2022.

                10.    Attached as Exhibit 9 is a true and correct copy of a letter from

          Jeremy Vest to William Harrington, dated January 6, 2023.

                11.    Attached as Exhibit 10 is a true and correct copy of a letter from

          Robert MacGill to William Harrington, dated January 23, 2023.

                12.    Attached as Exhibit 11 is a true and correct copy of a letter from

          Robert MacGill to William Harrington, dated April 20, 2022.




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FILED: WESTCHESTER COUNTY CLERK 02/22/2023 12:45 PM                                  INDEX NO. 60767/2018
NYSCEF DOC. NO. 1547                                                        RECEIVED NYSCEF: 02/22/2023




                13.    Attached as Exhibit 12 is a true and correct copy of a letter from

          Jeremy Vest to William Harrington, dated January 20, 2023.

                14.    Attached as Exhibit 13 is a true and correct copy of an email from

          Jeremy Vest to Robert MacGill, dated February 13, 2023.

                15.    Attached as Exhibit 14 is a true and correct copy of an email from

          Alfred Donnellan to Jeremy Vest, dated February 16, 2023.

          Dated: February 22, 2023
                 New York, New York


                                                              /s/ Jeremy Vest ____
                                                              Jeremy Vest




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FILED: WESTCHESTER COUNTY CLERK 02/22/2023 12:45 PM                                 INDEX NO. 60767/2018
NYSCEF DOC. NO. 1547                                                         RECEIVED NYSCEF: 02/22/2023




                                      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 459 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 459.

          Dated: February 22, 2023
                 New York, New York

                                                              /s/ Jeremy Vest
                                                              Jeremy Vest, Esq.




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