On July 14, 2018 a
Party Notice
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.
Preview
FILED: WESTCHESTER COUNTY CLERK 03/03/2023 04:07 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1563 RECEIVED NYSCEF: 03/03/2023
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 others similarly situated, ) Index No. 60767/2018
) Hon. Linda S. Jamieson
Plaintiffs, )
) NOTICE OF CROSS-MOTION
vs. )
)
HOULIHAN LAWRENCE INC., )
)
Defendant. )
)
PLEASE TAKE NOTICE, that upon the annexed memorandum of law dated
March 3, 2023, and all prior pleadings and proceedings heretofore had herein, defendant
Houlihan/Lawrence Inc. (“Defendant”) will cross-move this Court before the Honorable
Linda S. Jamieson, at the Commercial Division of the Supreme Court, County of
Westchester, at the Courthouse located at 111 Dr. Martin Luther King Jr. Boulevard,
White Plains, New York 10601, on the 10th day of March, 2023 at 9:30 a.m., or as soon
thereafter as counsel can be heard for an Order pursuant to CPLR § 4403 and Section
202.44 of the Uniform Rules for Trial Courts confirming the Twenty-Fourth Report and
Recommendation to the extent that Class Plaintiffs are precluded from offering absent
class member testimony at trial or for any purpose, and HLI is prohibited from taking
absent class member depositions, together with such other, and further and different
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FILED: WESTCHESTER COUNTY CLERK 03/03/2023 04:07 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1563 RECEIVED NYSCEF: 03/03/2023
relief that this Court may deem just and proper in the circumstances and the costs and
disbursements of this motion.
Dated: White Plains, New York
March 3, 2023
DELBELLO DONNELLAN WEINGARTEN
WISE & WIEDERKEHR LLP
/s/ Alfred E. Donnellan
________________________________
Alfred E. Donnellan, Esq.
Nelida Lara, Esq.
One North Lexington Avenue, 11th Floor
White Plains, New York 10601
Phone: (914) 681-0200
OF COUNSEL:
Robert D. MacGill (pro hac vice)
Matthew T. Ciulla (pro hac vice)
MACGILL PC
156 E. Market St.
Suite 1200
Indianapolis, IN 46204
Phone: (317) 721-1253
Attorneys for Defendant
TO:
Jeremy Vest, Esq.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
666 Third Avenue
New York, New York 10017
Attorneys for Plaintiffs
William S. Ohlemeyer, Esq.
Boies Schiller Flexner LLP
333 Main Street
Armonk, New York 10504
Attorneys for Plaintiff
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Document Filed Date
March 03, 2023
Case Filing Date
July 14, 2018
Category
Commercial Division
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