Preview
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1755 RECEIVED NYSCEF: 03/11/2024
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 ) AFFIRMATION IN SUPPORT
others similarly situated, ) OF DEFENDANT’S MOTION
) TO STRIKE THOMAS CUSACK
Plaintiffs, )
) Index No. 60767/2018
vs. ) Hon. Linda S. Jamieson
)
HOULIHAN/LAWRENCE INC., )
)
Defendant. )
)
I, Alfred E. Donnellan, an attorney admitted to the practice of law before the courts of the
State of New York, and not a party to this action, affirm the following to be true under the penalties
of perjury pursuant to CPLR 2106:
1. I am a member of the law firm of DelBello Donnellan Weingarten Wise &
Wiederkehr, LLP, attorneys for defendant Houlihan/Lawrence, Inc., (“Defendant”), am fully
familiar with all of the facts and circumstances set forth herein and submit this affirmation in
support of Defendant Houlihan Lawrence, Inc.’s motion to strike Thomas Cusack.
2. Attached as HL Exhibit 1 is a self-authenticating Affidavit of Brendon DeSimone.
3. Attached as HL Exhibit 2 is a true and correct copy of excerpts from the Deposition
of Pamela Goldstein in this matter, dated August 15, 2019. A full copy of the deposition transcript
is available upon request.
4. Attached as HL Exhibit 3 is a true and correct copy of excerpts from the Deposition
of Paul Benjamin in this matter, dated August 15, 2019. A full copy of the deposition transcript is
available upon request.
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5. Attached as HL Exhibit 4 is a true and correct copy excerpts from the Deposition
of Tony Berk in this matter, dated August 14, 2019. A full copy of the deposition transcript is
available upon request.
6. Attached as HL Exhibit 5 is a true and correct copy of the expert report of Joseph
W. Rand, dated October 30, 2023.
7. Attached as HL Exhibit 6 is a true and correct copy of the expert report of Robert
W. Lashway, dated August 15, 2023.
8. Attached as HL Exhibit 7 is a true and correct copy of the relevant New York State
Dual Agency Disclosure Form for Buyer and Seller.
9. Attached as HL Exhibit 8 is a true and correct copy of excerpts from the Deposition
of Thomas Cusack in this matter, dated September 28, 2023. A full copy of the deposition
transcript is available upon request.
10. Attached as HL Exhibit 9 is a self-authenticating Affidavit of Tom Cusack.
11. Attached as HL Exhibit 10 is a true and correct copy of Paul Benjamin’s signed
443 form produced in this litigation and Bates Numbered HL00026531 to HL00026532.
12. Attached as HL Exhibit 11 is a true and correct copy of Pamela Goldstein’s
Deposition Exhibit 9, Goldstein’s signed 443 form.
13. Attached as HL Exhibit 12 is intentionally omitted.
14. Attached as HL Exhibit 13 is the true and correct copy of the cover page from the
deposition of David Calabrese, dated May 25, 2023. A full copy of the deposition transcript is
available upon request.
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15. Attached as HL Exhibit 14 is a true and correct copy of the cover page from the
deposition of Joan Frederick, dated May 24, 2023. A full copy of the deposition transcript is
available upon request.
16. Attached as HL Exhibit 15 is a true and correct copy of the cover page from the
deposition of James Gricar, dated June 7, 2023. A full copy of the deposition transcript is available
upon request.
17. Attached as HL Exhibit 16 is a true and correct copy of the cover page from the
deposition of Christopher Meyers, dated June 7, 2023. A full copy of the deposition transcript is
available upon request.
18. Attached as HL Exhibit 17 is a true and correct copy of the full transcript from the
Deposition of Christopher Meyers in this matter, dated June 7, 2023.
19. Attached as HL Exhibit 18 is a self-authenticating Affidavit of Geoff Berry.
20. Attached as HL Exhibit 19 is a self-authenticating Affidavit of Zef Camaj.
21. Attached as HL Exhibit 20 is a self-authenticating Affidavit of Debra Dalton.
22. Attached as HL Exhibit 21 is a self-authenticating Affidavit of Deborah Doern.
23. Attached as HL Exhibit 22 is a self-authenticating Affidavit of Barry Graziano.
24. Attached as HL Exhibit 23 is a self-authenticating Affidavit of Janet Kovacs.
25. Attached as HL Exhibit 24 is a self-authenticating Affidavit of Aaron Velez.
26. Attached as HL Exhibit 25 is a self-authenticating Affidavit of Charles Vetter.
27. Attached as HL Exhibit 26 is a true and correct copy of the Real Estate Salesperson
Syllabus from the New York Department of State website.
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28. Attached as HL Exhibit 27 is a true and correct copy of the cover page from the
deposition of Cynthia Landis, dated September 23, 2021. A full copy of the deposition transcript
is available upon request.
29. Attached as HL Exhibit 28 is a true and correct copy of the cover page from the
deposition of Gino Bello, dated September 1, 2021. A full copy of the deposition transcript is
available upon request.
30. Attached as HL Exhibit 29 is a true and correct copy of the cover page from the
deposition of Geoffrey Berry, dated September 16, 2021. A full copy of the deposition transcript
is available upon request.
31. Attached as HL Exhibit 30 is a true and correct copy of the cover page from the
deposition of Annette “Toni” Chrystal, dated August 25, 2021. A full copy of the deposition
transcript is available upon request.
32. Attached as HL Exhibit 31 is a true and correct copy of the cover page from the
deposition of Debra Dalton, dated September 30, 2021. A full copy of the deposition transcript is
available upon request.
33. Attached as HL Exhibit 32 is a true and correct copy of excerpts from the
Deposition of Annette “Toni” Chrystal in this matter, dated September 28, 2020. A full copy of
the deposition transcript is available upon request.
34. Attached as HL Exhibit 33 is a true and correct copy of excerpts from the deposition
of Annette “Toni” Chrystal in this matter, dated August 25, 2021. A full copy of the deposition
transcript is available upon request.
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35. Attached as HL Exhibit 34 is a true and correct copy of excerpts from the
Deposition of Gino Bello in this matter, dated September 1, 2021. A full copy of the deposition
transcript is available upon request.
36. Attached as HL Exhibit 35 is a true and correct copy of excerpts from the
Deposition of Gino Bello in this matter, dated September 29, 2020. A full copy of the deposition
transcript is available upon request.
37. Attached as HL Exhibit 36 is a true and correct copy of excerpts from the
Deposition of David Calabrese in this matter, dated May 25, 2023. A full copy of the deposition
transcript is available upon request.
38. Attached as HL Exhibit 37 is a true and correct copy of excerpts from the
Deposition of Joan Frederick in this matter, dated May 24, 2023. A full copy of the deposition
transcript is available upon request.
39. Attached as HL Exhibit 38 is a true and correct copy of the Disclosure and Prompt
Sheet for Sales Agents produced in this litigation and Bates Numbered HL00035365 to
HL00035367.
40. Attached as HL Exhibit 39 is a true and correct copy of the Houlihan Lawrence
Agent Orientation Packet produced in this litigation and Bates Numbered HL00993464 to
HL00993477.
41. Attached as HL Exhibit 40 is a true and correct copy of excerpts from the
Deposition of James Gricar in this matter, dated June 7, 2023. A full copy of the deposition
transcript is available upon request.
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42. Attached as HL Exhibit 41 is a true and correct copy of excerpts from the
Deposition of Pamela Goldstein in this matter, dated June 14, 2023. Full copies of these deposition
transcripts are available upon request.
43. Attached as HL Exhibit 42 is a true and correct copy of excerpts from the
Deposition of Ellyn Berk in this matter, dated May 10, 2023. Full copies of these deposition
transcripts are available upon request.
44. Attached as HL Exhibit 43 is a true and correct copy of excerpts from the
Deposition of Tony Berk in this matter, dated June 12, 2023. Full copies of these deposition
transcripts are available upon request.
45. Attached as HL Exhibit 44 is a true and correct copy of the expert report of Gary
Kleinrichert, dated October 30, 2023.
46. Attached as HL Exhibit 45 is a true and correct copy of the expert report of Debra
J. Aron, dated November 15, 2023.
47. Attached as HL Exhibit 46 is a true and correct copy of excerpts from the
Deposition of Paul Benjamin in this matter, dated May 10, 2023. Full copies of these deposition
transcripts are available upon request.
48. Attached as HL Exhibit 47 is a true and correct copy of excerpts from the
Deposition of Thomas Cusack in this matter, dated September 29, 2023. Full copies of these
deposition transcripts are available upon request.
49. Attached as HL Exhibit 48 is a true and correct copy of training materials from
Leon Cameron and email correspondence concerning such materials produced in this litigation
and Bates Numbered HL00062887 to HL00062921.
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50. Attached as HL Exhibit 49 is a true and correct copy of excerpts from the
Deposition of Geoffrey Berry in this matter, dated September 16, 2021. Full copies of these
deposition transcripts are available upon request.
51. Attached as HL Exhibit 50 is a true and correct copy of the expert report of Robert
W. Lashway, dated December 15, 2023.
52. HL Exhibit 51 has been intentionally omitted.
53. Attached as HL Exhibit 52 is a true and correct copy of Toni Chrystal’s Deposition
Exhibit 13, listing packet materials, produced in this litigation and Bates Numbered HL00035357
to HL00035377.
54. Attached as HL Exhibit 53 is a true and correct copy of the expert report of Gary
Kleinrichert, dated February 15, 2023.
55. Attached as HL Exhibit 54 is a true and correct copy of the expert report of Thomas
Cusack, dated August 15, 2023.
56. Attached as HL Exhibit 55 is a true and correct copy of Thomas Cusack’s
Deposition Exhibit 306, Colo. Rev. Stat. § 12-10-403.
57. Attached as HL Exhibit 56 is a true and correct copy of Fla. Stat. Ann. § 475.278
(LexisNexis 2009).
58. Attached as HL Exhibit 57 is a true and correct copy of Thomas Cusack’s
Deposition Exhibit 307, an example of the Vermont Disclosure Form.
59. Attached as HL Exhibit 58 is a true and correct copy of Thomas Cusack’s
Deposition Exhibit 305, an example of the Alaska Real Estate Commission Consumer Disclosure
Form.
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60. Attached as HL Exhibit 59 is a true and correct copy of an announcement for Don
Cummins’s “It’s Risky Business” presentation produced in this litigation and Bates Numbered
HL00996423.
61. Attached as HL Exhibit 60 is a true and correct copy of NYSAR’s Advanced
Consent to Dual Agency form.
62. Attached as HL Exhibit 61 is a true and correct copy of Tony Berk’s Deposition
Exhibit 4, the Berks’ signed 443 form, produced in this litigation and Bates Numbered
P_00000011 to P_00000013.
63. Attached as HL Exhibit 62 is a true and correct copy of NYSAR’s Advanced
Consent to Dual Agency with Designated Sales Agents form.
64. Attached as HL Exhibit 63 is a true and correct copy of excerpts from the
Deposition of Tony Berk in this matter, dated October 15, 2020. A full copy of the deposition
transcript is available upon request.
65. Attached as HL Exhibit 64 is a true and correct copy of Pamela Goldstein’s
Deposition Exhibit 65, Goldstein’s signed Company Policy Regarding Buyer Clients form,
produced in this litigation and Bates Numbered HL00001399.
66. Attached as HL Exhibit 65 is a true and correct copy of Ellyn Berk’s Deposition
Exhibit 63, Ellyn Berk’s self-authenticating affidavit, dated November 20, 2018, and signed 443
form, dated February 20, 2014.
67. Attached as HL Exhibit 66 is a true and correct copy of Houlihan Lawrence’s Best
Practices regarding Disclosures produced in this litigation and Bates Numbered HL00063002 to
HL00063016.
68. Attached as HL Exhibit 67 is a self-authenticating Affidavit of Christopher Meyers.
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69. Attached as HL Exhibit 68 is a self-authenticating Affidavit of Elizabeth Nunan.
Dated: White Plains, New York
March 11, 2024 /s/ Alfred E. Donnellan
________________________________
ALFRED E. DONNELLAN
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CERTIFICATION PURSUANT TO COMMERCIAL DIVISION RULE 17
I, Alfred E. Donnellan, an attorney at law licensed to practice in the State of New York,
and counsel of record herein, certify that this document contains 2,003 words, exclusive of the
caption page, table of contents and table of authorities and signature block, as counted by the
word count of the word-processing system used to prepare this document.
Dated: White Plains, New York
March 11, 2024
/s/ Alfred E. Donnellan
___________________________________
ALFRED E. DONNELLAN
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Preview
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1755 RECEIVED NYSCEF: 03/11/2024 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 ) AFFIRMATION IN SUPPORT others similarly situated, ) OF DEFENDANT’S MOTION ) TO STRIKE THOMAS CUSACK Plaintiffs, ) ) Index No. 60767/2018 vs. ) Hon. Linda S. Jamieson ) HOULIHAN/LAWRENCE INC., ) ) Defendant. ) ) I, Alfred E. Donnellan, an attorney admitted to the practice of law before the courts of the State of New York, and not a party to this action, affirm the following to be true under the penalties of perjury pursuant to CPLR 2106: 1. I am a member of the law firm of DelBello Donnellan Weingarten Wise & Wiederkehr, LLP, attorneys for defendant Houlihan/Lawrence, Inc., (“Defendant”), am fully familiar with all of the facts and circumstances set forth herein and submit this affirmation in support of Defendant Houlihan Lawrence, Inc.’s motion to strike Thomas Cusack. 2. Attached as HL Exhibit 1 is a self-authenticating Affidavit of Brendon DeSimone. 3. Attached as HL Exhibit 2 is a true and correct copy of excerpts from the Deposition of Pamela Goldstein in this matter, dated August 15, 2019. A full copy of the deposition transcript is available upon request. 4. Attached as HL Exhibit 3 is a true and correct copy of excerpts from the Deposition of Paul Benjamin in this matter, dated August 15, 2019. A full copy of the deposition transcript is available upon request. 1 1 of 10 FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1755 RECEIVED NYSCEF: 03/11/2024 5. Attached as HL Exhibit 4 is a true and correct copy excerpts from the Deposition of Tony Berk in this matter, dated August 14, 2019. A full copy of the deposition transcript is available upon request. 6. Attached as HL Exhibit 5 is a true and correct copy of the expert report of Joseph W. Rand, dated October 30, 2023. 7. Attached as HL Exhibit 6 is a true and correct copy of the expert report of Robert W. Lashway, dated August 15, 2023. 8. Attached as HL Exhibit 7 is a true and correct copy of the relevant New York State Dual Agency Disclosure Form for Buyer and Seller. 9. Attached as HL Exhibit 8 is a true and correct copy of excerpts from the Deposition of Thomas Cusack in this matter, dated September 28, 2023. A full copy of the deposition transcript is available upon request. 10. Attached as HL Exhibit 9 is a self-authenticating Affidavit of Tom Cusack. 11. Attached as HL Exhibit 10 is a true and correct copy of Paul Benjamin’s signed 443 form produced in this litigation and Bates Numbered HL00026531 to HL00026532. 12. Attached as HL Exhibit 11 is a true and correct copy of Pamela Goldstein’s Deposition Exhibit 9, Goldstein’s signed 443 form. 13. Attached as HL Exhibit 12 is intentionally omitted. 14. Attached as HL Exhibit 13 is the true and correct copy of the cover page from the deposition of David Calabrese, dated May 25, 2023. A full copy of the deposition transcript is available upon request. 2 2 of 10 FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1755 RECEIVED NYSCEF: 03/11/2024 15. Attached as HL Exhibit 14 is a true and correct copy of the cover page from the deposition of Joan Frederick, dated May 24, 2023. A full copy of the deposition transcript is available upon request. 16. Attached as HL Exhibit 15 is a true and correct copy of the cover page from the deposition of James Gricar, dated June 7, 2023. A full copy of the deposition transcript is available upon request. 17. Attached as HL Exhibit 16 is a true and correct copy of the cover page from the deposition of Christopher Meyers, dated June 7, 2023. A full copy of the deposition transcript is available upon request. 18. Attached as HL Exhibit 17 is a true and correct copy of the full transcript from the Deposition of Christopher Meyers in this matter, dated June 7, 2023. 19. Attached as HL Exhibit 18 is a self-authenticating Affidavit of Geoff Berry. 20. Attached as HL Exhibit 19 is a self-authenticating Affidavit of Zef Camaj. 21. Attached as HL Exhibit 20 is a self-authenticating Affidavit of Debra Dalton. 22. Attached as HL Exhibit 21 is a self-authenticating Affidavit of Deborah Doern. 23. Attached as HL Exhibit 22 is a self-authenticating Affidavit of Barry Graziano. 24. Attached as HL Exhibit 23 is a self-authenticating Affidavit of Janet Kovacs. 25. Attached as HL Exhibit 24 is a self-authenticating Affidavit of Aaron Velez. 26. Attached as HL Exhibit 25 is a self-authenticating Affidavit of Charles Vetter. 27. Attached as HL Exhibit 26 is a true and correct copy of the Real Estate Salesperson Syllabus from the New York Department of State website. 3 3 of 10 FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1755 RECEIVED NYSCEF: 03/11/2024 28. Attached as HL Exhibit 27 is a true and correct copy of the cover page from the deposition of Cynthia Landis, dated September 23, 2021. A full copy of the deposition transcript is available upon request. 29. Attached as HL Exhibit 28 is a true and correct copy of the cover page from the deposition of Gino Bello, dated September 1, 2021. A full copy of the deposition transcript is available upon request. 30. Attached as HL Exhibit 29 is a true and correct copy of the cover page from the deposition of Geoffrey Berry, dated September 16, 2021. A full copy of the deposition transcript is available upon request. 31. Attached as HL Exhibit 30 is a true and correct copy of the cover page from the deposition of Annette “Toni” Chrystal, dated August 25, 2021. A full copy of the deposition transcript is available upon request. 32. Attached as HL Exhibit 31 is a true and correct copy of the cover page from the deposition of Debra Dalton, dated September 30, 2021. A full copy of the deposition transcript is available upon request. 33. Attached as HL Exhibit 32 is a true and correct copy of excerpts from the Deposition of Annette “Toni” Chrystal in this matter, dated September 28, 2020. A full copy of the deposition transcript is available upon request. 34. Attached as HL Exhibit 33 is a true and correct copy of excerpts from the deposition of Annette “Toni” Chrystal in this matter, dated August 25, 2021. A full copy of the deposition transcript is available upon request. 4 4 of 10 FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1755 RECEIVED NYSCEF: 03/11/2024 35. Attached as HL Exhibit 34 is a true and correct copy of excerpts from the Deposition of Gino Bello in this matter, dated September 1, 2021. A full copy of the deposition transcript is available upon request. 36. Attached as HL Exhibit 35 is a true and correct copy of excerpts from the Deposition of Gino Bello in this matter, dated September 29, 2020. A full copy of the deposition transcript is available upon request. 37. Attached as HL Exhibit 36 is a true and correct copy of excerpts from the Deposition of David Calabrese in this matter, dated May 25, 2023. A full copy of the deposition transcript is available upon request. 38. Attached as HL Exhibit 37 is a true and correct copy of excerpts from the Deposition of Joan Frederick in this matter, dated May 24, 2023. A full copy of the deposition transcript is available upon request. 39. Attached as HL Exhibit 38 is a true and correct copy of the Disclosure and Prompt Sheet for Sales Agents produced in this litigation and Bates Numbered HL00035365 to HL00035367. 40. Attached as HL Exhibit 39 is a true and correct copy of the Houlihan Lawrence Agent Orientation Packet produced in this litigation and Bates Numbered HL00993464 to HL00993477. 41. Attached as HL Exhibit 40 is a true and correct copy of excerpts from the Deposition of James Gricar in this matter, dated June 7, 2023. A full copy of the deposition transcript is available upon request. 5 5 of 10 FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1755 RECEIVED NYSCEF: 03/11/2024 42. Attached as HL Exhibit 41 is a true and correct copy of excerpts from the Deposition of Pamela Goldstein in this matter, dated June 14, 2023. Full copies of these deposition transcripts are available upon request. 43. Attached as HL Exhibit 42 is a true and correct copy of excerpts from the Deposition of Ellyn Berk in this matter, dated May 10, 2023. Full copies of these deposition transcripts are available upon request. 44. Attached as HL Exhibit 43 is a true and correct copy of excerpts from the Deposition of Tony Berk in this matter, dated June 12, 2023. Full copies of these deposition transcripts are available upon request. 45. Attached as HL Exhibit 44 is a true and correct copy of the expert report of Gary Kleinrichert, dated October 30, 2023. 46. Attached as HL Exhibit 45 is a true and correct copy of the expert report of Debra J. Aron, dated November 15, 2023. 47. Attached as HL Exhibit 46 is a true and correct copy of excerpts from the Deposition of Paul Benjamin in this matter, dated May 10, 2023. Full copies of these deposition transcripts are available upon request. 48. Attached as HL Exhibit 47 is a true and correct copy of excerpts from the Deposition of Thomas Cusack in this matter, dated September 29, 2023. Full copies of these deposition transcripts are available upon request. 49. Attached as HL Exhibit 48 is a true and correct copy of training materials from Leon Cameron and email correspondence concerning such materials produced in this litigation and Bates Numbered HL00062887 to HL00062921. 6 6 of 10 FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1755 RECEIVED NYSCEF: 03/11/2024 50. Attached as HL Exhibit 49 is a true and correct copy of excerpts from the Deposition of Geoffrey Berry in this matter, dated September 16, 2021. Full copies of these deposition transcripts are available upon request. 51. Attached as HL Exhibit 50 is a true and correct copy of the expert report of Robert W. Lashway, dated December 15, 2023. 52. HL Exhibit 51 has been intentionally omitted. 53. Attached as HL Exhibit 52 is a true and correct copy of Toni Chrystal’s Deposition Exhibit 13, listing packet materials, produced in this litigation and Bates Numbered HL00035357 to HL00035377. 54. Attached as HL Exhibit 53 is a true and correct copy of the expert report of Gary Kleinrichert, dated February 15, 2023. 55. Attached as HL Exhibit 54 is a true and correct copy of the expert report of Thomas Cusack, dated August 15, 2023. 56. Attached as HL Exhibit 55 is a true and correct copy of Thomas Cusack’s Deposition Exhibit 306, Colo. Rev. Stat. § 12-10-403. 57. Attached as HL Exhibit 56 is a true and correct copy of Fla. Stat. Ann. § 475.278 (LexisNexis 2009). 58. Attached as HL Exhibit 57 is a true and correct copy of Thomas Cusack’s Deposition Exhibit 307, an example of the Vermont Disclosure Form. 59. Attached as HL Exhibit 58 is a true and correct copy of Thomas Cusack’s Deposition Exhibit 305, an example of the Alaska Real Estate Commission Consumer Disclosure Form. 7 7 of 10 FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1755 RECEIVED NYSCEF: 03/11/2024 60. Attached as HL Exhibit 59 is a true and correct copy of an announcement for Don Cummins’s “It’s Risky Business” presentation produced in this litigation and Bates Numbered HL00996423. 61. Attached as HL Exhibit 60 is a true and correct copy of NYSAR’s Advanced Consent to Dual Agency form. 62. Attached as HL Exhibit 61 is a true and correct copy of Tony Berk’s Deposition Exhibit 4, the Berks’ signed 443 form, produced in this litigation and Bates Numbered P_00000011 to P_00000013. 63. Attached as HL Exhibit 62 is a true and correct copy of NYSAR’s Advanced Consent to Dual Agency with Designated Sales Agents form. 64. Attached as HL Exhibit 63 is a true and correct copy of excerpts from the Deposition of Tony Berk in this matter, dated October 15, 2020. A full copy of the deposition transcript is available upon request. 65. Attached as HL Exhibit 64 is a true and correct copy of Pamela Goldstein’s Deposition Exhibit 65, Goldstein’s signed Company Policy Regarding Buyer Clients form, produced in this litigation and Bates Numbered HL00001399. 66. Attached as HL Exhibit 65 is a true and correct copy of Ellyn Berk’s Deposition Exhibit 63, Ellyn Berk’s self-authenticating affidavit, dated November 20, 2018, and signed 443 form, dated February 20, 2014. 67. Attached as HL Exhibit 66 is a true and correct copy of Houlihan Lawrence’s Best Practices regarding Disclosures produced in this litigation and Bates Numbered HL00063002 to HL00063016. 68. Attached as HL Exhibit 67 is a self-authenticating Affidavit of Christopher Meyers. 8 8 of 10 FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1755 RECEIVED NYSCEF: 03/11/2024 69. Attached as HL Exhibit 68 is a self-authenticating Affidavit of Elizabeth Nunan. Dated: White Plains, New York March 11, 2024 /s/ Alfred E. Donnellan ________________________________ ALFRED E. DONNELLAN 9 9 of 10 FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1755 RECEIVED NYSCEF: 03/11/2024 CERTIFICATION PURSUANT TO COMMERCIAL DIVISION RULE 17 I, Alfred E. Donnellan, an attorney at law licensed to practice in the State of New York, and counsel of record herein, certify that this document contains 2,003 words, exclusive of the caption page, table of contents and table of authorities and signature block, as counted by the word count of the word-processing system used to prepare this document. Dated: White Plains, New York March 11, 2024 /s/ Alfred E. Donnellan ___________________________________ ALFRED E. DONNELLAN 10 10 of 10