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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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 Index No. 60767/2018
PAUL BENJAMIN, on behalf of
themselves and all others similarly Hon. Linda S. Jamieson
situated,
[PROPOSED] ORDER
Plaintiffs,
v.
HOULIHAN/LAWRENCE INC.,
Defendant.
WHEREAS on February 7, 2023, Class Plaintiffs moved before the Discovery
Referee, William P. Harrington, for sanctions against Houlihan Lawrence for its
alleged violation of the 22nd Report and Recommendation entered by the Discovery
Referee on December 19, 2022 and confirmed by the Court on January 20, 2023 (the
“Motion”);
WHEREAS the Discovery Referee heard the Motion upon reading Class
Plaintiffs’ motion for sanctions with exhibits; Houlihan Lawrence’s letter in
opposition to the Motion dated February 15, 2023; Class Plaintiffs’ reply brief in
further support of the Motion dated February 20, 2023; Houlihan Lawrence’s letter
in further opposition to the Motion dated February 22, 2023; and Class Plaintiffs’
letter in further support of the Motion dated February 24, 2023;
WHEREAS after due deliberation the Discovery Referee rendered a Twenty-
Fifth Report and Recommendation, dated March 9, 2023, whereby the Motion was
denied, in accordance with the recommendations set forth therein;
WHEREAS on March 15, 2023, Class Plaintiffs moved before the Court to
confirm the Twenty-Fifth Report and Recommendation in its entirety;
NOW, upon reading the parties’ submissions and the Twenty-Fifth Report
and Recommendation; it is hereby,
ORDERED that the Discovery Referee’s Twenty-Fifth Report and
Recommendation is confirmed in its entirety pursuant to CPLR § 4403.
SO ORDERED.
Dated: White Plains, New York
_____________, 2023
______________________________
Hon. Linda S. Jamieson, J.S.C.
2
Document Filed Date
March 16, 2023
Case Filing Date
July 14, 2018
Category
Commercial Division
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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 Index No. 60767/2018 PAUL BENJAMIN, on behalf of themselves and all others similarly Hon. Linda S. Jamieson situated, [PROPOSED] ORDER Plaintiffs, v. HOULIHAN/LAWRENCE INC., Defendant. WHEREAS on February 7, 2023, Class Plaintiffs moved before the Discovery Referee, William P. Harrington, for sanctions against Houlihan Lawrence for its alleged violation of the 22nd Report and Recommendation entered by the Discovery Referee on December 19, 2022 and confirmed by the Court on January 20, 2023 (the “Motion”); WHEREAS the Discovery Referee heard the Motion upon reading Class Plaintiffs’ motion for sanctions with exhibits; Houlihan Lawrence’s letter in opposition to the Motion dated February 15, 2023; Class Plaintiffs’ reply brief in further support of the Motion dated February 20, 2023; Houlihan Lawrence’s letter in further opposition to the Motion dated February 22, 2023; and Class Plaintiffs’ letter in further support of the Motion dated February 24, 2023; WHEREAS after due deliberation the Discovery Referee rendered a Twenty- Fifth Report and Recommendation, dated March 9, 2023, whereby the Motion was denied, in accordance with the recommendations set forth therein; WHEREAS on March 15, 2023, Class Plaintiffs moved before the Court to confirm the Twenty-Fifth Report and Recommendation in its entirety; NOW, upon reading the parties’ submissions and the Twenty-Fifth Report and Recommendation; it is hereby, ORDERED that the Discovery Referee’s Twenty-Fifth Report and Recommendation is confirmed in its entirety pursuant to CPLR § 4403. SO ORDERED. Dated: White Plains, New York _____________, 2023 ______________________________ Hon. Linda S. Jamieson, J.S.C. 2