Preview
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1757 RECEIVED NYSCEF: 03/11/2024
HL EXHIBIT 2
DEPOSITION TRANSCRIPT OF PAMELA
GOLDSTEIN AUGUST 15, 2019
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1757 RECEIVED NYSCEF: 03/11/2024
August 15, 2019
Page 1 Page 3
1
SUPREME COURT OF THE STATE OF NEW YORK 2 S T I P U L A T I O N S:
COUNTY OF WESTCHESTER : INDEX NO. 60767/2018
---------------------- 3 IT IS HEREBY STIPULATED, by and between
PAMELA GOLDSTEIN, ELLYN & TONY BERK, as 4 the attorneys for the respective parties hereto, that
Administrators of the Estate of WINIFERD BERK,
5 all rights provided by the C.P.L.R., and Part 221 of
and PAUL BENJAMIN, on behalf of themselves and
all others similarly situated, 6 the Uniform Rules for the Conduct of Depositions,
7 including the right to object to any question, except
Plaintiffs,
8 as to form, or to move to strike any testimony at this
- against - 9 examination are reserved; and, in addition, the failure
10 to object to any question or to move to strike any
HOULIHAN/LAWRENCE, INC.,
11 testimony at this examination shall not be a bar or
Defendant. 12 waiver to make such motion at, and is reserved to, the
13 trial of this action.
-----------------------
14 IT IS FURTHER STIPULATED that this
15 deposition may be sworn to by the witness being
August 15, 2019 16 examined before a notary public other than the notary
10:08 a.m. 17 public before whom this examination was begun; but the
18 failure to do so or to return the original of this
19 deposition to counsel shall not be deemed a waiver of
VIDEOTAPED DEPOSITION OF PAMELA GOLDSTEIN,
pursuant to Subpoena, taken by Defendant at the offices 20 the rights provided by Rule 3116 of the C.P.L.R., and
of Collier Halpern & Newberg, LLP, One North Lexington 21 shall be controlled thereby. The filing of the
Avenue, White Plains, New York 10601, before Blase J.
22 original of this deposition is waived.
Spinozzi, a Shorthand Reporter and Notary Public within
and for the State of New York. 23 IT IS FURTHER STIPULATED that a copy of
24 this examination shall be furnished to the attorney for
25 the witness being examined without charge therefor.
Page 2 Page 4
1 1 - Pamela Goldstein -
2 A P P E A R A N C E S:
3 2 VIDEO TECHNICIAN: We are on the
4 BOISE SHILLER FLEXNER, LLP 3 record. The time is approximately 10:08
Attorneys for Plaintiffs
5 PAMELA GOLDSTEIN, ELLYN & TONY BERK, 4 a.m., the date is Thursday, August 15th,
as Administrators of the Estate of
6 WINIFRED BERK, and PAUL BENJAMIN, on
5 2019.
behalf of themselves, and all others 6 This is the video deposition of Pamela
7 similarly situated
333 Main Street 7 Goldstein, in the matter of Pamela
8 Armonk, New York 10504 8 Goldstein, Ellyn & Tony Berk, as
BY: JEREMY VEST, ESQ.
9 (jvest@bsfllp.com) 9 Administrators of the Estate of Winifred
10
11 COLLIER HALPERN & NEWBERG, LLP
10 Berk, and Paul Benjamin, on behalf of
Attorneys for Defendant 11 themselves and all others similarly
12 HOULIHAN/LAWRENCE, INC.
One North Lexington Avenue 12 situated, versus Houlihan/Lawrence, Index
13 White Plains, New York 10601 13 Number 60767/2018, in the Supreme Court of
BY: SHARI B. HOCHBERG, ESQ.
14 (shochberg@chnnb.com) 14 the State of New York, County of
15
16 BARNES & THORNBURG, LLP
15 Westchester.
Attorneys for Defendant 16 My name is David Shereck, Certified
17 HOULIHAN/LAWRENCE, INC.
11 South Meridian Street 17 Legal Videographer, Shereck Video
18 Indianapolis, Indiana 46204 18 Associates, in association with Lexitas
BY: ROBERT MAC GILL, ESQ.
19 (robert.macgill@btlaw.com) 19 Deitz of Rockville Centre, New York.
and 20 We are located today at the offices of
20 BY: JESSICA LINDEMANN, ESQ.
(jessica.lindemann@btlaw.com) 21 Collier Halpern & Newberg, LLP, One North
Lexington Avenue, White Plains, New York.
21
***
22
22 23 Will counsel please identify themselves
23 DAVID SHERECK,
Certified Legal Videographer 24 for the record, and state whom you
24 25 represent.
25 BLASE J. SPINOZZI,
1 (Pages 1 to 4)
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1757 RECEIVED NYSCEF: 03/11/2024
August 15, 2019
Page 5 Page 7
1 - Pamela Goldstein - 1 - Pamela Goldstein -
2 MR. MacGILL: Robert MacGill, Jessica 2 now defunct named Ross & Hardies based in Chicago. I
3 Lindemann, and Shari Hochberg, Collier 3 went with one lawyer who was in the New York Clausen
4 Halpern & Newberg, for the defendant 4 Miller Office to the New York office of Ross &
5 Houlihan/Lawrence. 5 Hardies.
6 MR. VEST: Jeremy Vest, Boise Schiller 6 Q. Who is that lawyer?
7 Flexner, on behalf of plaintiffs Pamela 7 A. John Driscoll.
8 Goldstein, Ellyn & Tony Berk, Paul 8 Q. Did you ever work with a lawyer in the
9 Benjamin, and all similarly situated. 9 New York office named Gregg Smith?
10 VIDEO TECHNICIAN: Our court reporter 10 A. I know Gregg Smith; we did not work
11 today is Blase Spinozzi, affiliated with 11 together.
12 Lexitas Deitz. 12 Q. Did not work together.
13 Please swear in the witness 13 Okay. And how long at Ross & Hardies?
14 P A M E L A G O L D S T E I N, 14 A. I was at Ross and Hardies from February
15 having been duly sworn by Blase J. Spinozzi, 15 2000 until June 30th, 2003.
16 a notary public within and for the State of 16 Q. Then where did you go?
17 New York, was examined and testified as 17 A. I didn't go anywhere. On July 1st,
18 follows: 18 2003, McGuire Woods acquired Ross & Hardies.
19 COURT REPORTER: Please state your name 19 Q. And did you continue working?
20 and home address for the record. 20 A. I did.
21 THE WITNESS: My name is Pamela 21 Q. And where did you go next?
22 Goldstein. 22 A. I stayed at McGuire Woods until March
23 6 Wellington Terrace, White Plains, New 23 2012.
24 York 10607. 24 Q. So 2003 to March of 2012?
25 EXAMINATION BY MR. MacGILL: 25 A. Yes.
Page 6 Page 8
1 - Pamela Goldstein - 1 - Pamela Goldstein -
2 Q. Good morning. How are you? 2 Q. All right. And what did you do for
3 A. Good morning. I'm fine, thank you. 3 McGuire Woods?
4 Q. Good. Could you tell us your 4 A. I was an associate.
5 educational background, please? 5 Q. Doing litigation work?
6 A. Sure. I attended Bard College, and 6 A. No, doing corporate services work.
7 graduated with a Bachelor of Arts in 1990. And I 7 Q. Okay. And where did you go in March of
8 went to the University of -- State University of New 8 2012?
9 York, Buffalo, School of Law, and graduated in 1995. 9 A. Verizon.
10 Q. And can you tell us a little bit about 10 Q. Verizon?
11 your employment history since you obtained your law 11 A. Yes.
12 degree? 12 Q. When did you begin at Verizon?
13 A. Sure. I worked at Paul Weiss Rifkin 13 A. March 2012.
14 Wharton & Garrison. 14 Q. Okay. And are you still there?
15 Q. What did you do for them? 15 A. Yes.
16 A. I was a staff attorney in litigation. 16 Q. And what do you do for Verizon?
17 Q. Okay. And during what years, ma'am? 17 A. I am an associate general counsel in
18 A. 1996 to 1999. 18 the consumer group specializing in video franchising.
19 Q. And where were you employed after that? 19 Q. Okay. And where is your office; here
20 A. In 1999, I joined a firm named Clausen 20 in White Plains?
21 Miller -- C-l-a-u-s-e-n M-i-l-l-e-r. 21 A. It is 111 Main Street, right down the
22 Q. And how many years did you work for 22 street.
23 Clausen Miller? 23 Q. Now, do you work for Verizon itself, or
24 A. I worked there for less than a year. I 24 a subsidiary company; your employer is Verizon?
25 moved with a group of lawyers in early 2000 to a firm 25 A. My employer is Verizon Communications.
2 (Pages 5 to 8)
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1757 RECEIVED NYSCEF: 03/11/2024
August 15, 2019
Page 69 Page 71
1 - Pamela Goldstein - 1 - Pamela Goldstein -
2 A. I reviewed all the allegations with 2 A. I very closely reviewed the allegations
3 respect to my transaction to ensure that they were 3 with respect to me.
4 true and correct to the best of my knowledge and 4 Q. Okay. Fair enough.
5 belief. 5 Now, I just want to get some facts, and
6 Q. Please turn to page 106, paragraph 240; 6 maybe we can do this quickly so that we can save a
7 is that true? 7 little bit of time, but I'm going to ask you to turn
8 A. I would have to look at a calendar and 8 to page 93.
9 check the date. 9 A. Sure, of which document?
10 Q. Okay. Let's go to Exhibit -- I am 10 Q. Of Exhibit 10. I'm sorry, Exhibit 11.
11 sorry, Allegation 208, and, specifically, if you 11 A. Exhibit 11.
12 would go to page 89. 12 Q. Now, is it true that you, looking at
13 A. One moment. 13 paragraph 207, and the allegation -- it says here
14 Q. Let me ask you a couple of background 14 that you went online for a home for you and your two
15 questions with respect to the purchase of the home at 15 elementary-age children; is that correct?
16 6 Wellington Terrace. 16 A. That's what paragraph 207 says.
17 Did you purchase that home? 17 Q. Yes, ma'am, that's correct.
18 A. Yes. 18 A. Yes.
19 Q. And who was your real estate agent in 19 Q. 207 is correct?
20 the purchase of that home? 20 A. Yes.
21 A. Daniel Cezimbra, C-e-z-i-m-b-r-a. 21 Q. And that's you and the two children you
22 Q. All right. 22 identified earlier in your testimony; is that right?
23 (Whereupon, Defendant's Exhibit Number 23 A. Yes.
24 11, Summons, was marked for identification 24 Q. And then there is reference in 208 to
25 as of this date.) 25 Houlihan/Lawrence's listing for five hundred
Page 70 Page 72
1 - Pamela Goldstein - 1 - Pamela Goldstein -
2 Q. Ma'am, did you review Exhibit 11 prior 2 ninety-nine thousand nine hundred dollars a single-
3 to the time it was filed in court on the 14th of July 3 family home at 6 Wellington Terrace; is that true?
4 2018? 4 A. My counsel verified it's true, yes.
5 A. I reviewed the complaint before it was 5 Q. Now, and did you understand -- I mean
6 filed. 6 did you verify that was true?
7 Q. And as with Exhibit 10, did you review 7 MR. VEST: Objection to the extent that
8 it to verify the allegations in that complaint were 8 it calls for a legal conclusion. It's
9 true and correct to the best of your knowledge and 9 vague.
10 belief? 10 Q. Did you verify that was true, ma'am?
11 A. Yes. 11 A. I relied on my counsel's work in
12 Q. And you paid attention to the -- 12 verifying it was true.
13 specifically to the allegations pertaining to you; is 13 Q. So you --
14 that right? 14 A. I wasn't involved in the listing of the
15 A. I paid attention to all of the 15 home.
16 allegations in the complaint. 16 Q. Okay. So you did not verify that
17 Q. All right. And did you pay special 17 particular fact?
18 care and attention to the allegations pertaining to 18 MR. VEST: Objection. Vague.
19 your own actions or conduct or real estate 19 Q. Is that right?
20 activities? 20 A. I don't know what you mean by "verify."
21 A. I paid attention to all of the 21 Q. You relied on your counsel; you didn't
22 allegations in the complaint. 22 indepen -- you didn't go to see, for example, if that
23 Q. Without special attention in Exhibit 23 listing occurred at that time; right?
24 11, you were reading with special care when the 24 A. I didn't individually -- I didn't
25 complaint was referencing to you, I take it? 25 separately research that date on which the listing
18 (Pages 69 to 72)
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1757 RECEIVED NYSCEF: 03/11/2024
August 15, 2019
Page 73 Page 75
1 - Pamela Goldstein - 1 - Pamela Goldstein -
2 became live. 2 Sotheby's listing agent; right?
3 Q. All right. You relied on your counsel 3 A. Yes.
4 to do that; right? 4 Q. And was there a Southerby's buyer agent
5 A. Yes. 5 in that transaction?
6 Q. Now, with respect to when you saw the 6 6 A. Not that I'm aware of.
7 Wellington Terrace real estate listing, you were 7 Q. Okay. Now, back to this case, back to
8 interested? 8 this real estate. You knew Mr. Bello was with
9 A. Is that a question? 9 Houlihan/Lawrence, and he was representing the
10 Q. Yes. 10 seller; right?
11 A. Yes, I was interested. 11 A. He was identified on the web posting as
12 Q. Okay. And then did you telephone Gino 12 the listing agent.
13 Bello at Houlihan/Lawrence White Plains' office? 13 Q. All right. Now, on the morning of
14 A. Yes. 14 March 25th, the day you telephoned Mr. Bello --
15 Q. And did you express your interest? 15 strike that.
16 A. Yes. 16 Did Mr. Bello -- what did he say to you
17 Q. Why did you call Mr. Bello? 17 in that telephone conversation?
18 A. Because his listing appealed to me. 18 A. I didn't speak with Mr. Bello.
19 Q. Now, did you understand when you called 19 Q. What happened?
20 Mr. Bello that he was a real estate broker agent 20 A. I left a voicemail message.
21 working for the Houlihan/Lawrence agency? 21 Q. Then what happened?
22 A. Yes. 22 A. Daniel Cezimbra returned my call.
23 Q. Okay. Did you know of 23 Q. Where did he work?
24 Houlihan/Lawrence at the time you called him? 24 A. Houlihan/Lawrence.
25 A. Yes. 25 Q. Okay. So you have a Houlihan/Lawrence
Page 74 Page 76
1 - Pamela Goldstein - 1 - Pamela Goldstein -
2 Q. And what is Houlihan/Lawrence? What 2 listing agent to start, Mr. Bello; right? The
3 did you understand Houlihan/Lawrence to be at the 3 seller's agent is Mr. Bello; right?
4 time? 4 A. Mr. Bello was identified as the listing
5 A. A real estate broker firm. 5 agent on the website's posting.
6 Q. And you've known of them during your 6 Q. And you understood from your work, and
7 time here in White Plains, and otherwise in New York? 7 in life generally, and your prior sale, that he was
8 A. I can't recall when I first learned of 8 going to be the seller's agent; right?
9 them. 9 A. Just for the record, in my work, I
10 Q. Okay. But you've known about them for 10 don't do any real estate work.
11 some period of time? 11 Q. All right, put that aside. You
12 A. I was familiar with the company. 12 understood when you called Mr. Bello, he was going to
13 Q. Did you consider -- 13 be the seller's agent; right?
14 A. It's a company name for several years. 14 A. I had a general understanding about
15 Q. Did you consider them a reputable real 15 that, yes.
16 estate firm? 16 Q. Okay. Then, in the general
17 A. Yes. 17 understanding, he's going to represent the seller;
18 Q. And now with respect to him, you 18 right?
19 reached out to him, but you knew he was representing 19 A. As I previously stated, I had a general
20 the sellers in this; is that right? 20 understanding that he was the seller's agent.
21 A. He was identified as a listing agent on 21 Q. Got it. All right. So then who called
22 the posting. 22 you back?
23 Q. Okay. Now, when you sold your house, 23 A. Daniel Cezimbra.
24 did you have -- was another Sotheby's broker sales 24 Q. And what did he say to you?
25 agent involved in the sale of your house? You had a 25 A. That he was returning -- he introduced
19 (Pages 73 to 76)
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1757 RECEIVED NYSCEF: 03/11/2024
August 15, 2019
Page 77 Page 79
1 - Pamela Goldstein - 1 - Pamela Goldstein -
2 himself, and said he was returning my voicemail to 2 Q. That's what I'm getting to.
3 Gino Bello. 3 A. Okay.
4 Q. And what did you say? 4 Q. Right?
5 A. "Hi." 5 A. Yeah.
6 Q. And then what? Did you hang up, or 6 Q. That's where we are going. We have to
7 have a conversation? 7 lay the foundation. I don't know these things. All
8 A. We had a conversation. 8 right?
9 Q. What was the conversation about? Tell 9 A. Yes, but you do.
10 the court. 10 Q. I'm sorry?
11 A. I expressed my interest in 6 Wellington 11 A. But you do know these things.
12 Terrace, and he told me that he would be happy to 12 Q. Not until you tell me.
13 help me in purchasing a home. 13 So then when you engaged Mr. Cezimbra,
14 Q. And what did you say? 14 it was not you and Mr. Lika, it was just you; right?
15 A. I don't recall the specifics of the 15 It was just you, not him?
16 conversation. It was a brief conversation. We 16 A. I don't know why we are using the word
17 scheduled a showing~-- 17 "just." It was me.
18 Q. And what was -- 18 Q. You, okay, fine.
19 A. -- at 6 Wellington Terrace. 19 All right. So you engaged Mr.
20 Q. Now, did you engage him then to be your 20 Cezimbra. And did he pick you up in a car and take
21 agent? 21 you to the home?
22 MR. VEST: Objection. Calls for a 22 A. No, he did not.
23 legal conclusion. 23 Q. Did you meet at the home?
24 A. I'm sorry, you have to -- 24 A. We did.
25 Q. Did you engage him then to work with 25 Q. All right. And then did he show you
Page 78 Page 80
1 - Pamela Goldstein - 1 - Pamela Goldstein -
2 you in connection with this potential transaction? 2 the home?
3 MR. VEST: Same objection. 3 A. Yes, he did.
4 A. We scheduled an appointment for him to 4 Q. And did you then engage in discussion
5 show me the home. 5 about whether you should go forward to make an offer
6 Q. And what was your understanding about 6 on the home?
7 your relationship with him at that time? 7 A. Yes.
8 A. That he would be representing me~-- 8 Q. Now, at the time of your engagement of
9 Q. Okay. 9 him -- strike that.
10 A. -- as a buyer. 10 A. Well, I wouldn't -- you are saying I
11 Q. As a buyer. And just to clarify, this 11 engaged him. I wouldn't necessarily characterize it
12 is just you now. The former significant other is out 12 that way.
13 of the picture for purposes of this real estate; 13 Q. Okay. How would you characterize it?
14 right? 14 A. He engaged me~--
15 A. I don't see why we are talking about my 15 Q. Okay.
16 former significant other. 16 A. -- as someone who was soliciting
17 Q. Because he had joint tenancy rights in 17 business.
18 the prior -- 18 Q. And so did you believe then that you'd
19 A. That has nothing to do with this 19 created a relationship where he was going to be your
20 transaction. 20 agent for purposes of a potential transaction?
21 Q. That's what I'm getting to. In this 21 A. For purposes of purchasing a home.
22 transaction, he's not part of it; right? He's not 22 Q. Which home?
23 going to be a joint tenant; right? 23 A. 6 Wellington Terrace, or another home.
24 A. There is no future -- you are using -- 24 Q. So let's make sure we stop here and
25 he is not -- I purchased the home on my own. 25 look specifically at the parties involved.
20 (Pages 77 to 80)
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1757 RECEIVED NYSCEF: 03/11/2024
August 15, 2019
Page 81 Page 83
1 - Pamela Goldstein - 1 - Pamela Goldstein -
2 So at the time you were walking into 2 understand your question.
3 the home at 6 Wellington Terrace, you understand 3 Q. Is that really true that you don't
4 there is a seller's agent named Gino Bello; right? 4 understand my question?
5 A. Uh-hum. 5 A. Yes, it is. I don't know what you mean
6 Q. And he works for which brokerage? 6 by "context," "you have a context," I don't
7 A. Houlihan/Lawrence. 7 understand what you mean by that.
8 Q. And you have a buyer's agent 8 Q. Okay.
9 representing potentially you in a transaction; and 9 A. Can you please rephrase the question
10 his name is -- 10 for me?
11 A. Daniel Cezimbra. 11 Q. I'm going to define "context," and I'm
12 Q. And he's working for which brokerage? 12 going to insist on an answer to my question, ma'am.
13 Houlihan/Lawrence? 13 By "context" I mean you have a
14 MR. VEST: Objection to the 14 potential commercial transaction in which the seller
15 characterization of the relationship. 15 would be represented by Gino Bello of
16 Q. So you have Houlihan/Lawrence, you have 16 Houlihan/Lawrence; and also in that potential context
17 what is -- you have Houlihan/Lawrence agents, one 17 -- potential commercial transaction, you have a
18 representing the buyer, a potential buyer, you, and 18 potential buyer, you, ma'am, that would be
19 one representing the seller; right? 19 represented by Mr. Cezimbra of Houlihan/Lawrence.
20 A. I. 20 That's what I meant by "context."
21 MR. VEST: Objection. 21 A. Okay.
22 A. Gino Bello was listed, as advertised, 22 Q. Did you understand that was the
23 as the listing agent for the home. Daniel Cezimbra 23 context, ma'am?
24 contacted me and spoke to me about purchasing -- 24 MR. VEST: Objection. Vague and
25 representing me in the purchase of a home. 25 misleading.
Page 82 Page 84
1 - Pamela Goldstein - 1 - Pamela Goldstein -
2 Q. Right. But, ma'am, you have an obvious 2 A. I understood that they both worked for
3 situation. You have a Houlihan/Lawrence listing 3 the same employer.
4 agent -- seller's agent on the one hand, and you have 4 Q. And you had had an experience just in
5 Mr. Cezimbra, your potential buyer's agent on the 5 recent memory where you had a potential dual-agency
6 other, also Houlihan/Lawrence; right? 6 disclosure made to you in a contract you signed, and
7 A. No, you -- 7 a New York State regulatory form that had been
8 MR. VEST: Objection. 8 provided to you and that you signed; right?
9 Give me one second to interject. 9 A. I had no recollection of that at the
10 Objection. Vague, and calls for a 10 time.
11 legal conclusion. 11 Q. But you understood it's common --
12 THE WITNESS: Sorry. 12 strike that.
13 Q. So you have a context -- let's not use 13 A. No, I did not.
14 the word "obvious," let me restate the question. 14 Q. You understood it's common in real
15 Based on your concern, I'm going to 15 estate practices for dual agency to exist of the very
16 remove the word "obvious" from my question. Do you 16 type that existed when you walked into the home at 6
17 have a context, ma'am -- to repeat, a context when 17 Wellington Terrace?
18 you walked in to see that house where you have a 18 A. No, I did not.
19 listing agent named Gino Bello of Houlihan/Lawrence, 19 Q. Now, had you ever -- so did you pay
20 and potential buyer, Mr. Cezimbra of Houlihan/ 20 attention to who the buyer's broker was in the sale
21 Lawrence? 21 of the home that you bought at 142 Mercer?
22 MR. VEST: Objection. Vague, 22 A. Did I pay attention to it?
23 misleading. 23 Q. Right.
24 A. I don't know what you mean by 24 A. I was focused on the specifics of the
25 "context." I don't know what you mean, and I don't 25 deal, the purchase price and the terms~--
21 (Pages 81 to 84)
DEITZ Court Reporting... A Lexitas Company
800-678-0166
Preview
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1757 RECEIVED NYSCEF: 03/11/2024 HL EXHIBIT 2 DEPOSITION TRANSCRIPT OF PAMELA GOLDSTEIN AUGUST 15, 2019 FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1757 RECEIVED NYSCEF: 03/11/2024 August 15, 2019 Page 1 Page 3 1 SUPREME COURT OF THE STATE OF NEW YORK 2 S T I P U L A T I O N S: COUNTY OF WESTCHESTER : INDEX NO. 60767/2018 ---------------------- 3 IT IS HEREBY STIPULATED, by and between PAMELA GOLDSTEIN, ELLYN & TONY BERK, as 4 the attorneys for the respective parties hereto, that Administrators of the Estate of WINIFERD BERK, 5 all rights provided by the C.P.L.R., and Part 221 of and PAUL BENJAMIN, on behalf of themselves and all others similarly situated, 6 the Uniform Rules for the Conduct of Depositions, 7 including the right to object to any question, except Plaintiffs, 8 as to form, or to move to strike any testimony at this - against - 9 examination are reserved; and, in addition, the failure 10 to object to any question or to move to strike any HOULIHAN/LAWRENCE, INC., 11 testimony at this examination shall not be a bar or Defendant. 12 waiver to make such motion at, and is reserved to, the 13 trial of this action. ----------------------- 14 IT IS FURTHER STIPULATED that this 15 deposition may be sworn to by the witness being August 15, 2019 16 examined before a notary public other than the notary 10:08 a.m. 17 public before whom this examination was begun; but the 18 failure to do so or to return the original of this 19 deposition to counsel shall not be deemed a waiver of VIDEOTAPED DEPOSITION OF PAMELA GOLDSTEIN, pursuant to Subpoena, taken by Defendant at the offices 20 the rights provided by Rule 3116 of the C.P.L.R., and of Collier Halpern & Newberg, LLP, One North Lexington 21 shall be controlled thereby. The filing of the Avenue, White Plains, New York 10601, before Blase J. 22 original of this deposition is waived. Spinozzi, a Shorthand Reporter and Notary Public within and for the State of New York. 23 IT IS FURTHER STIPULATED that a copy of 24 this examination shall be furnished to the attorney for 25 the witness being examined without charge therefor. Page 2 Page 4 1 1 - Pamela Goldstein - 2 A P P E A R A N C E S: 3 2 VIDEO TECHNICIAN: We are on the 4 BOISE SHILLER FLEXNER, LLP 3 record. The time is approximately 10:08 Attorneys for Plaintiffs 5 PAMELA GOLDSTEIN, ELLYN & TONY BERK, 4 a.m., the date is Thursday, August 15th, as Administrators of the Estate of 6 WINIFRED BERK, and PAUL BENJAMIN, on 5 2019. behalf of themselves, and all others 6 This is the video deposition of Pamela 7 similarly situated 333 Main Street 7 Goldstein, in the matter of Pamela 8 Armonk, New York 10504 8 Goldstein, Ellyn & Tony Berk, as BY: JEREMY VEST, ESQ. 9 (jvest@bsfllp.com) 9 Administrators of the Estate of Winifred 10 11 COLLIER HALPERN & NEWBERG, LLP 10 Berk, and Paul Benjamin, on behalf of Attorneys for Defendant 11 themselves and all others similarly 12 HOULIHAN/LAWRENCE, INC. One North Lexington Avenue 12 situated, versus Houlihan/Lawrence, Index 13 White Plains, New York 10601 13 Number 60767/2018, in the Supreme Court of BY: SHARI B. HOCHBERG, ESQ. 14 (shochberg@chnnb.com) 14 the State of New York, County of 15 16 BARNES & THORNBURG, LLP 15 Westchester. Attorneys for Defendant 16 My name is David Shereck, Certified 17 HOULIHAN/LAWRENCE, INC. 11 South Meridian Street 17 Legal Videographer, Shereck Video 18 Indianapolis, Indiana 46204 18 Associates, in association with Lexitas BY: ROBERT MAC GILL, ESQ. 19 (robert.macgill@btlaw.com) 19 Deitz of Rockville Centre, New York. and 20 We are located today at the offices of 20 BY: JESSICA LINDEMANN, ESQ. (jessica.lindemann@btlaw.com) 21 Collier Halpern & Newberg, LLP, One North Lexington Avenue, White Plains, New York. 21 *** 22 22 23 Will counsel please identify themselves 23 DAVID SHERECK, Certified Legal Videographer 24 for the record, and state whom you 24 25 represent. 25 BLASE J. SPINOZZI, 1 (Pages 1 to 4) DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1757 RECEIVED NYSCEF: 03/11/2024 August 15, 2019 Page 5 Page 7 1 - Pamela Goldstein - 1 - Pamela Goldstein - 2 MR. MacGILL: Robert MacGill, Jessica 2 now defunct named Ross & Hardies based in Chicago. I 3 Lindemann, and Shari Hochberg, Collier 3 went with one lawyer who was in the New York Clausen 4 Halpern & Newberg, for the defendant 4 Miller Office to the New York office of Ross & 5 Houlihan/Lawrence. 5 Hardies. 6 MR. VEST: Jeremy Vest, Boise Schiller 6 Q. Who is that lawyer? 7 Flexner, on behalf of plaintiffs Pamela 7 A. John Driscoll. 8 Goldstein, Ellyn & Tony Berk, Paul 8 Q. Did you ever work with a lawyer in the 9 Benjamin, and all similarly situated. 9 New York office named Gregg Smith? 10 VIDEO TECHNICIAN: Our court reporter 10 A. I know Gregg Smith; we did not work 11 today is Blase Spinozzi, affiliated with 11 together. 12 Lexitas Deitz. 12 Q. Did not work together. 13 Please swear in the witness 13 Okay. And how long at Ross & Hardies? 14 P A M E L A G O L D S T E I N, 14 A. I was at Ross and Hardies from February 15 having been duly sworn by Blase J. Spinozzi, 15 2000 until June 30th, 2003. 16 a notary public within and for the State of 16 Q. Then where did you go? 17 New York, was examined and testified as 17 A. I didn't go anywhere. On July 1st, 18 follows: 18 2003, McGuire Woods acquired Ross & Hardies. 19 COURT REPORTER: Please state your name 19 Q. And did you continue working? 20 and home address for the record. 20 A. I did. 21 THE WITNESS: My name is Pamela 21 Q. And where did you go next? 22 Goldstein. 22 A. I stayed at McGuire Woods until March 23 6 Wellington Terrace, White Plains, New 23 2012. 24 York 10607. 24 Q. So 2003 to March of 2012? 25 EXAMINATION BY MR. MacGILL: 25 A. Yes. Page 6 Page 8 1 - Pamela Goldstein - 1 - Pamela Goldstein - 2 Q. Good morning. How are you? 2 Q. All right. And what did you do for 3 A. Good morning. I'm fine, thank you. 3 McGuire Woods? 4 Q. Good. Could you tell us your 4 A. I was an associate. 5 educational background, please? 5 Q. Doing litigation work? 6 A. Sure. I attended Bard College, and 6 A. No, doing corporate services work. 7 graduated with a Bachelor of Arts in 1990. And I 7 Q. Okay. And where did you go in March of 8 went to the University of -- State University of New 8 2012? 9 York, Buffalo, School of Law, and graduated in 1995. 9 A. Verizon. 10 Q. And can you tell us a little bit about 10 Q. Verizon? 11 your employment history since you obtained your law 11 A. Yes. 12 degree? 12 Q. When did you begin at Verizon? 13 A. Sure. I worked at Paul Weiss Rifkin 13 A. March 2012. 14 Wharton & Garrison. 14 Q. Okay. And are you still there? 15 Q. What did you do for them? 15 A. Yes. 16 A. I was a staff attorney in litigation. 16 Q. And what do you do for Verizon? 17 Q. Okay. And during what years, ma'am? 17 A. I am an associate general counsel in 18 A. 1996 to 1999. 18 the consumer group specializing in video franchising. 19 Q. And where were you employed after that? 19 Q. Okay. And where is your office; here 20 A. In 1999, I joined a firm named Clausen 20 in White Plains? 21 Miller -- C-l-a-u-s-e-n M-i-l-l-e-r. 21 A. It is 111 Main Street, right down the 22 Q. And how many years did you work for 22 street. 23 Clausen Miller? 23 Q. Now, do you work for Verizon itself, or 24 A. I worked there for less than a year. I 24 a subsidiary company; your employer is Verizon? 25 moved with a group of lawyers in early 2000 to a firm 25 A. My employer is Verizon Communications. 2 (Pages 5 to 8) DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1757 RECEIVED NYSCEF: 03/11/2024 August 15, 2019 Page 69 Page 71 1 - Pamela Goldstein - 1 - Pamela Goldstein - 2 A. I reviewed all the allegations with 2 A. I very closely reviewed the allegations 3 respect to my transaction to ensure that they were 3 with respect to me. 4 true and correct to the best of my knowledge and 4 Q. Okay. Fair enough. 5 belief. 5 Now, I just want to get some facts, and 6 Q. Please turn to page 106, paragraph 240; 6 maybe we can do this quickly so that we can save a 7 is that true? 7 little bit of time, but I'm going to ask you to turn 8 A. I would have to look at a calendar and 8 to page 93. 9 check the date. 9 A. Sure, of which document? 10 Q. Okay. Let's go to Exhibit -- I am 10 Q. Of Exhibit 10. I'm sorry, Exhibit 11. 11 sorry, Allegation 208, and, specifically, if you 11 A. Exhibit 11. 12 would go to page 89. 12 Q. Now, is it true that you, looking at 13 A. One moment. 13 paragraph 207, and the allegation -- it says here 14 Q. Let me ask you a couple of background 14 that you went online for a home for you and your two 15 questions with respect to the purchase of the home at 15 elementary-age children; is that correct? 16 6 Wellington Terrace. 16 A. That's what paragraph 207 says. 17 Did you purchase that home? 17 Q. Yes, ma'am, that's correct. 18 A. Yes. 18 A. Yes. 19 Q. And who was your real estate agent in 19 Q. 207 is correct? 20 the purchase of that home? 20 A. Yes. 21 A. Daniel Cezimbra, C-e-z-i-m-b-r-a. 21 Q. And that's you and the two children you 22 Q. All right. 22 identified earlier in your testimony; is that right? 23 (Whereupon, Defendant's Exhibit Number 23 A. Yes. 24 11, Summons, was marked for identification 24 Q. And then there is reference in 208 to 25 as of this date.) 25 Houlihan/Lawrence's listing for five hundred Page 70 Page 72 1 - Pamela Goldstein - 1 - Pamela Goldstein - 2 Q. Ma'am, did you review Exhibit 11 prior 2 ninety-nine thousand nine hundred dollars a single- 3 to the time it was filed in court on the 14th of July 3 family home at 6 Wellington Terrace; is that true? 4 2018? 4 A. My counsel verified it's true, yes. 5 A. I reviewed the complaint before it was 5 Q. Now, and did you understand -- I mean 6 filed. 6 did you verify that was true? 7 Q. And as with Exhibit 10, did you review 7 MR. VEST: Objection to the extent that 8 it to verify the allegations in that complaint were 8 it calls for a legal conclusion. It's 9 true and correct to the best of your knowledge and 9 vague. 10 belief? 10 Q. Did you verify that was true, ma'am? 11 A. Yes. 11 A. I relied on my counsel's work in 12 Q. And you paid attention to the -- 12 verifying it was true. 13 specifically to the allegations pertaining to you; is 13 Q. So you -- 14 that right? 14 A. I wasn't involved in the listing of the 15 A. I paid attention to all of the 15 home. 16 allegations in the complaint. 16 Q. Okay. So you did not verify that 17 Q. All right. And did you pay special 17 particular fact? 18 care and attention to the allegations pertaining to 18 MR. VEST: Objection. Vague. 19 your own actions or conduct or real estate 19 Q. Is that right? 20 activities? 20 A. I don't know what you mean by "verify." 21 A. I paid attention to all of the 21 Q. You relied on your counsel; you didn't 22 allegations in the complaint. 22 indepen -- you didn't go to see, for example, if that 23 Q. Without special attention in Exhibit 23 listing occurred at that time; right? 24 11, you were reading with special care when the 24 A. I didn't individually -- I didn't 25 complaint was referencing to you, I take it? 25 separately research that date on which the listing 18 (Pages 69 to 72) DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1757 RECEIVED NYSCEF: 03/11/2024 August 15, 2019 Page 73 Page 75 1 - Pamela Goldstein - 1 - Pamela Goldstein - 2 became live. 2 Sotheby's listing agent; right? 3 Q. All right. You relied on your counsel 3 A. Yes. 4 to do that; right? 4 Q. And was there a Southerby's buyer agent 5 A. Yes. 5 in that transaction? 6 Q. Now, with respect to when you saw the 6 6 A. Not that I'm aware of. 7 Wellington Terrace real estate listing, you were 7 Q. Okay. Now, back to this case, back to 8 interested? 8 this real estate. You knew Mr. Bello was with 9 A. Is that a question? 9 Houlihan/Lawrence, and he was representing the 10 Q. Yes. 10 seller; right? 11 A. Yes, I was interested. 11 A. He was identified on the web posting as 12 Q. Okay. And then did you telephone Gino 12 the listing agent. 13 Bello at Houlihan/Lawrence White Plains' office? 13 Q. All right. Now, on the morning of 14 A. Yes. 14 March 25th, the day you telephoned Mr. Bello -- 15 Q. And did you express your interest? 15 strike that. 16 A. Yes. 16 Did Mr. Bello -- what did he say to you 17 Q. Why did you call Mr. Bello? 17 in that telephone conversation? 18 A. Because his listing appealed to me. 18 A. I didn't speak with Mr. Bello. 19 Q. Now, did you understand when you called 19 Q. What happened? 20 Mr. Bello that he was a real estate broker agent 20 A. I left a voicemail message. 21 working for the Houlihan/Lawrence agency? 21 Q. Then what happened? 22 A. Yes. 22 A. Daniel Cezimbra returned my call. 23 Q. Okay. Did you know of 23 Q. Where did he work? 24 Houlihan/Lawrence at the time you called him? 24 A. Houlihan/Lawrence. 25 A. Yes. 25 Q. Okay. So you have a Houlihan/Lawrence Page 74 Page 76 1 - Pamela Goldstein - 1 - Pamela Goldstein - 2 Q. And what is Houlihan/Lawrence? What 2 listing agent to start, Mr. Bello; right? The 3 did you understand Houlihan/Lawrence to be at the 3 seller's agent is Mr. Bello; right? 4 time? 4 A. Mr. Bello was identified as the listing 5 A. A real estate broker firm. 5 agent on the website's posting. 6 Q. And you've known of them during your 6 Q. And you understood from your work, and 7 time here in White Plains, and otherwise in New York? 7 in life generally, and your prior sale, that he was 8 A. I can't recall when I first learned of 8 going to be the seller's agent; right? 9 them. 9 A. Just for the record, in my work, I 10 Q. Okay. But you've known about them for 10 don't do any real estate work. 11 some period of time? 11 Q. All right, put that aside. You 12 A. I was familiar with the company. 12 understood when you called Mr. Bello, he was going to 13 Q. Did you consider -- 13 be the seller's agent; right? 14 A. It's a company name for several years. 14 A. I had a general understanding about 15 Q. Did you consider them a reputable real 15 that, yes. 16 estate firm? 16 Q. Okay. Then, in the general 17 A. Yes. 17 understanding, he's going to represent the seller; 18 Q. And now with respect to him, you 18 right? 19 reached out to him, but you knew he was representing 19 A. As I previously stated, I had a general 20 the sellers in this; is that right? 20 understanding that he was the seller's agent. 21 A. He was identified as a listing agent on 21 Q. Got it. All right. So then who called 22 the posting. 22 you back? 23 Q. Okay. Now, when you sold your house, 23 A. Daniel Cezimbra. 24 did you have -- was another Sotheby's broker sales 24 Q. And what did he say to you? 25 agent involved in the sale of your house? You had a 25 A. That he was returning -- he introduced 19 (Pages 73 to 76) DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1757 RECEIVED NYSCEF: 03/11/2024 August 15, 2019 Page 77 Page 79 1 - Pamela Goldstein - 1 - Pamela Goldstein - 2 himself, and said he was returning my voicemail to 2 Q. That's what I'm getting to. 3 Gino Bello. 3 A. Okay. 4 Q. And what did you say? 4 Q. Right? 5 A. "Hi." 5 A. Yeah. 6 Q. And then what? Did you hang up, or 6 Q. That's where we are going. We have to 7 have a conversation? 7 lay the foundation. I don't know these things. All 8 A. We had a conversation. 8 right? 9 Q. What was the conversation about? Tell 9 A. Yes, but you do. 10 the court. 10 Q. I'm sorry? 11 A. I expressed my interest in 6 Wellington 11 A. But you do know these things. 12 Terrace, and he told me that he would be happy to 12 Q. Not until you tell me. 13 help me in purchasing a home. 13 So then when you engaged Mr. Cezimbra, 14 Q. And what did you say? 14 it was not you and Mr. Lika, it was just you; right? 15 A. I don't recall the specifics of the 15 It was just you, not him? 16 conversation. It was a brief conversation. We 16 A. I don't know why we are using the word 17 scheduled a showing~-- 17 "just." It was me. 18 Q. And what was -- 18 Q. You, okay, fine. 19 A. -- at 6 Wellington Terrace. 19 All right. So you engaged Mr. 20 Q. Now, did you engage him then to be your 20 Cezimbra. And did he pick you up in a car and take 21 agent? 21 you to the home? 22 MR. VEST: Objection. Calls for a 22 A. No, he did not. 23 legal conclusion. 23 Q. Did you meet at the home? 24 A. I'm sorry, you have to -- 24 A. We did. 25 Q. Did you engage him then to work with 25 Q. All right. And then did he show you Page 78 Page 80 1 - Pamela Goldstein - 1 - Pamela Goldstein - 2 you in connection with this potential transaction? 2 the home? 3 MR. VEST: Same objection. 3 A. Yes, he did. 4 A. We scheduled an appointment for him to 4 Q. And did you then engage in discussion 5 show me the home. 5 about whether you should go forward to make an offer 6 Q. And what was your understanding about 6 on the home? 7 your relationship with him at that time? 7 A. Yes. 8 A. That he would be representing me~-- 8 Q. Now, at the time of your engagement of 9 Q. Okay. 9 him -- strike that. 10 A. -- as a buyer. 10 A. Well, I wouldn't -- you are saying I 11 Q. As a buyer. And just to clarify, this 11 engaged him. I wouldn't necessarily characterize it 12 is just you now. The former significant other is out 12 that way. 13 of the picture for purposes of this real estate; 13 Q. Okay. How would you characterize it? 14 right? 14 A. He engaged me~-- 15 A. I don't see why we are talking about my 15 Q. Okay. 16 former significant other. 16 A. -- as someone who was soliciting 17 Q. Because he had joint tenancy rights in 17 business. 18 the prior -- 18 Q. And so did you believe then that you'd 19 A. That has nothing to do with this 19 created a relationship where he was going to be your 20 transaction. 20 agent for purposes of a potential transaction? 21 Q. That's what I'm getting to. In this 21 A. For purposes of purchasing a home. 22 transaction, he's not part of it; right? He's not 22 Q. Which home? 23 going to be a joint tenant; right? 23 A. 6 Wellington Terrace, or another home. 24 A. There is no future -- you are using -- 24 Q. So let's make sure we stop here and 25 he is not -- I purchased the home on my own. 25 look specifically at the parties involved. 20 (Pages 77 to 80) DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1757 RECEIVED NYSCEF: 03/11/2024 August 15, 2019 Page 81 Page 83 1 - Pamela Goldstein - 1 - Pamela Goldstein - 2 So at the time you were walking into 2 understand your question. 3 the home at 6 Wellington Terrace, you understand 3 Q. Is that really true that you don't 4 there is a seller's agent named Gino Bello; right? 4 understand my question? 5 A. Uh-hum. 5 A. Yes, it is. I don't know what you mean 6 Q. And he works for which brokerage? 6 by "context," "you have a context," I don't 7 A. Houlihan/Lawrence. 7 understand what you mean by that. 8 Q. And you have a buyer's agent 8 Q. Okay. 9 representing potentially you in a transaction; and 9 A. Can you please rephrase the question 10 his name is -- 10 for me? 11 A. Daniel Cezimbra. 11 Q. I'm going to define "context," and I'm 12 Q. And he's working for which brokerage? 12 going to insist on an answer to my question, ma'am. 13 Houlihan/Lawrence? 13 By "context" I mean you have a 14 MR. VEST: Objection to the 14 potential commercial transaction in which the seller 15 characterization of the relationship. 15 would be represented by Gino Bello of 16 Q. So you have Houlihan/Lawrence, you have 16 Houlihan/Lawrence; and also in that potential context 17 what is -- you have Houlihan/Lawrence agents, one 17 -- potential commercial transaction, you have a 18 representing the buyer, a potential buyer, you, and 18 potential buyer, you, ma'am, that would be 19 one representing the seller; right? 19 represented by Mr. Cezimbra of Houlihan/Lawrence. 20 A. I. 20 That's what I meant by "context." 21 MR. VEST: Objection. 21 A. Okay. 22 A. Gino Bello was listed, as advertised, 22 Q. Did you understand that was the 23 as the listing agent for the home. Daniel Cezimbra 23 context, ma'am? 24 contacted me and spoke to me about purchasing -- 24 MR. VEST: Objection. Vague and 25 representing me in the purchase of a home. 25 misleading. Page 82 Page 84 1 - Pamela Goldstein - 1 - Pamela Goldstein - 2 Q. Right. But, ma'am, you have an obvious 2 A. I understood that they both worked for 3 situation. You have a Houlihan/Lawrence listing 3 the same employer. 4 agent -- seller's agent on the one hand, and you have 4 Q. And you had had an experience just in 5 Mr. Cezimbra, your potential buyer's agent on the 5 recent memory where you had a potential dual-agency 6 other, also Houlihan/Lawrence; right? 6 disclosure made to you in a contract you signed, and 7 A. No, you -- 7 a New York State regulatory form that had been 8 MR. VEST: Objection. 8 provided to you and that you signed; right? 9 Give me one second to interject. 9 A. I had no recollection of that at the 10 Objection. Vague, and calls for a 10 time. 11 legal conclusion. 11 Q. But you understood it's common -- 12 THE WITNESS: Sorry. 12 strike that. 13 Q. So you have a context -- let's not use 13 A. No, I did not. 14 the word "obvious," let me restate the question. 14 Q. You understood it's common in real 15 Based on your concern, I'm going to 15 estate practices for dual agency to exist of the very 16 remove the word "obvious" from my question. Do you 16 type that existed when you walked into the home at 6 17 have a context, ma'am -- to repeat, a context when 17 Wellington Terrace? 18 you walked in to see that house where you have a 18 A. No, I did not. 19 listing agent named Gino Bello of Houlihan/Lawrence, 19 Q. Now, had you ever -- so did you pay 20 and potential buyer, Mr. Cezimbra of Houlihan/ 20 attention to who the buyer's broker was in the sale 21 Lawrence? 21 of the home that you bought at 142 Mercer? 22 MR. VEST: Objection. Vague, 22 A. Did I pay attention to it? 23 misleading. 23 Q. Right. 24 A. I don't know what you mean by 24 A. I was focused on the specifics of the 25 "context." I don't know what you mean, and I don't 25 deal, the purchase price and the terms~-- 21 (Pages 81 to 84) DEITZ Court Reporting... A Lexitas Company 800-678-0166