Letter,Correspondence: Pamela Goldstein, Ellyn Berk, Tony Berk, Paul Benjamin v. Houlihan/Lawrence Inc.

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                                FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:55 AM                                                INDEX NO. 60767/2018
NYSCEF DOC. NO. 1834                                                                      RECEIVED NYSCEF: 03/11/2024

                              DELBELLO DONNELLAN WEINGARTEN
                                  WISE & WIEDERKEHR, LLP
  Alfred E. Donnellan                                                                                    Connecticut Office
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                                                     March 11, 2024

           VIA NYSCEF
           Hon. Linda S. Jamieson
           Westchester County Supreme Court
           111 Dr. Martin Luther King, Jr. Blvd.
           White Plains, New York 10601

                    RE:   Goldstein et al. v. Houlihan Lawrence, Inc.
                          Westchester County Supreme Court Index No. 60767/2018

           Dear Justice Jamieson:

                  We write on behalf of Defendant Houlihan Lawrence, Inc. (“Houlihan Lawrence”), to
           request oral argument on our Motion for Summary Judgment and Motion to Exclude Plaintiffs’
           experts’ testimony. These motions, filed on March 11, 2024, seek adjudication of the pending
           claims and exclusion of expert testimony that is unsupported and unsupportable. The motions
           address case proceedings during the past six (6) years.

                   In 2018, Plaintiffs filed this lawsuit based upon a false premise. Their voluminous filings
           have concealed the fact that their entire lawsuit is based upon a false premise and narrative supplied
           by counsel. Houlihan Lawrence’s motions confirm: (1) there is no uniform script supplied by
           Houlihan Lawrence to its real estate agents, (2) Houlihan Lawrence’s alleged in-house bonus
           program is not used to push in-house deals, (3) Plaintiffs’ industry expert, Thomas Cusack, has
           not been a practicing real estate agent or broker in over forty (40) years—but purports to testify to
           the “industry norms” of dual agency disclosure, and (4) Plaintiffs’ handwriting and data experts
           should not be authorized to testify.

                  We respectfully request oral argument on these motions to supply clarity and efficiency to
           the proceedings.

                                                  Respectfully submitted,

                                                  /s/ Alfred E. Donnellan
                                                  ALFRED E. DONNELLAN


           cc:      All counsel by NYSCEF




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