Preview
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 10:30 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1722 RECEIVED NYSCEF: 03/11/2024
HL EXHIBIT 49
BERRY DEPOSITION TRANSCRIPT
SEPTEMBER 16, 2021
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 10:30 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1722 RECEIVED NYSCEF: 03/11/2024
CONFIDENTIAL
Deposition of Geoffrey Berry Pamela Goldstein, et. al. v. Houlihan/Lawrence, Inc.
1
2 SUPREME COURT OF THE STATE OF NEW YORK
3 COUNTY OF WESTCHESTER
4 ---------------------------------X *
*
5 PAMELA ELLYN & TONY *
GOLDSTEIN,
BERK as Administrators of the *
6 Estate of Winifred and PAUL *
Berk,
on behalf of themselves *
BENJAMIN,
7 and all others *
similarly situated,
* INDEX NO:
8 * 60767/2018
PLAINTIFFS,
*
9 vs *
*
10 HOULIHAN LAWRENCE *
INC.,
*
11 DEFENDANT. *
_________________________________Ç
12
13 *** CONFIDENTIAL ***
14
15 VIDEOTAPED DEPOSITION
16 Of
17 GEOFFREY BERRY
18 White New York
Plains,
19 September 2021
Thursday, 16,
20
2 1
2 2
Reported by:
2 3
Mary Agnes Drury, RPR, NYACR, CLR
2 4
JOB NO. 9602
2 5
215-341-3616 transcripts@everestdepo.com
Everest Court Reporting LLC Page: 1 (1)
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 10:30 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1722 RECEIVED NYSCEF: 03/11/2024
CONFIDENTIAL
Deposition of Geoffrey Berry Pamela Goldstein, et. al. v. Houlihan/Lawrence, Inc.
1
2
3
4 September 2021
16,
5 9:10 a.m.
6
7
8 VIDEOTAPED DEPOSITION of GEOFFREY
9 held at the Regus Conference Center
BERRY,
10 50 Main White New
Street, Plains, York,
11 before Agnes a
Mary Drury, RPR, NYACR, CLR,
12 Public of the States of New York and
Notary
13 New Jersey.
14
15
16
17
18
19
2 O
2 1
2 2
2 3
2 4
2 5
215-341-3616 transcripts@everestdepo.com
Everest Court Reporting LLC Page: 2 (2)
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 10:30 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1722 RECEIVED NYSCEF: 03/11/2024
CONFIDENTIAL
Deposition of Geoffrey Berry Pamela Goldstein, et. al. v. Houlihan/Lawrence, Inc.
1
2 A P P E A R A N C E S:
3
4 MINTZ LEVIN COHN FERRIS
5 GLOVSKY and POPEO PC
6 Attorneys for Plaintiffs
7 666 Third Avenue
8 Chrysler Center
9 New New York 10017
York,
10 (212) 692-6718
11 BY: JEREMY C. ESQ.
VEST,
12 JVest@Mintz.com
13
14 MacGill PC
15 Attorneys for Defendant
16 55 Monument Circle
17 Suite 1200C
18 Indianapol is Indiana 46204
,
19 (317) 961-5085
20 BY: ROBERT D. ESQ.
MacGILL,
21 MATTHEW T. ESQ.
CIULLA,
22 Robert.MacGill@MacGillLaw.com
23 Matthew.Ciulla@MacGillLaw.com
2 4
2 5
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Everest Court Reporting LLC Page: 3 (3)
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 10:30 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1722 RECEIVED NYSCEF: 03/11/2024
CONFIDENTIAL
Deposition of Geoffrey Berry Pamela Goldstein, et. al. v. Houlihan/Lawrence, Inc.
Page 169 Page 171
¹ - CONFIDENTIAL ¹ - CONFIDENTIAL
GEOFFREY BERRY GEOFFREY BERRY
2 2
Houlihan Lawrence sales agents in the field, speaking on behalf of every agent at Houlihan
3 3
correct? Lawrence?
't 4
A. Correct. A. I'm saying that's the culture of our
5
Q. Now, one of -- can you think of any office.
6 6 -
policy maintained by Houlihan Lawrence that Q. The culture so would you say that
7 7
incentivizes sales agents to keep deals the White Plains office has a distinct
8 8
in-house? corporate culture?
9 9
THE WITNESS: Read the question A. I try to maintain a culture, yes.
1° 1°
again; say the question again. Q. And do you think that that culture
¹¹ ¹¹
(Whereupon, the last question was is consistent across Houlihan Lawrence?
12 ¹²
read back.) A. I can't answer for any other office.
¹³ ¹³
THE WITNESS: So are you referring Q. But your testimony is that all of
¹4 ¹4
to the in-house bonus? the Houlihan Lawrence sales agents act in
¹5 ¹5
BY MR. VEST: accordance with what you understand to be the
¹6 ¹6
Q. Sir, I'm just asking you a question culture of the White Plains office?
¹7 ¹7
as to whether there is any policy that you A. That is always the hope.
18 ¹ª
would identify that incentivizes sales agent to Q. But some agents may not then act in
¹9 ¹9
keep deals in-house? accordance with the culture as you understand
2° 2°
A. Agents just want to put a deal it?
21 2¹
together, they are really not concerned about A. Anything is possible.
22 22
any kind of bonus they get from a sale. Q. And so it's possible that some White
23 23
Q. So your view is agents are Plains agents are incentivized by the in-house
24 24
completely disinterested in any bonus they may bonus to keep deals in-house?
25 25
receive on a contract? A. T can't answer that for them.
Page 170 Page 172
1 - CONFIDENTIAL ¹ - CONFIDENTIAL
GEOFFREY BERRY GEOFFREY BERRY
2 2
A. I didn't say that. I didn't say Q. You can't answer on behalf of all
3 3
that. I said an agent is happy to put a deal the White Plains sales agents?
4 4
together and a deal that is acceptable by their A. No.
5
client for their best interest. Q. It's just your perspective that it
6 -- are 6
Q. Do they they also interested has no impact on the decisionmaking of White
7 7
in collecting any bonus that they might collect Plains sales agents?
8 8
on a transaction? A. Correct.
9 9 --
A. If there is a bonus available, yes. Q. Do you think that the
¹° ¹°
Q. And returning to my original MR. MacGILL: Hold on a second. Can
1¹ 1¹
question, you know, would you point to any I hear the last part of the question back?
¹² ¹²
policy maintained by Houlihan Lawrence that (Whereupon, the last question was
13 ¹³
incentivizes sales agents to keep deals read back.)
¹4 ¹4
in-house? MR. MacGILL: Thank you.
¹5 -- ¹5
A. That is not BY MR. VEST:
16 ¹6 --
MR. MacGILL: Asked and answered. Q. Now, you're familiar with the
¹7 17
Answer it again, please. Houlihan Lawrence maintains an in-house bonus
¹ª ¹ª
THE WITNESS: That is not a priority policy, correct?
19 19
of the agents. If there is a bonus A. Correct.
2° 2° -- did
attached to the transaction because it's Q. And has so in 2011?
2¹ 21
in-house, I'm sure they're happy to get A. Yes.
22 22
that bonus, but it is not a driving factor Q. And continued to do so through 2018,
²3 23
for them to -- in their negotiations. correct?
2'1 24
BY MR. VEST: A. I believe so.
25 25
Q. So in your answer right now, you are Q. And, in fact. continues to this day?
215-341-3616 transcripts@everestdepo.com
Everest Court Reporting LLC Page: 46 (169 - 172)
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 10:30 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1722 RECEIVED NYSCEF: 03/11/2024
CONFIDENTIAL
Deposition of Geoffrey Berry Pamela Goldstein, et. al. v. Houlihan/Lawrence, Inc.
Page 173 Page 175
¹ - CONFIDENTIAL ¹ - CONFIDENTIAL
GEOFFREY BERRY GEOFFREY BERRY
2 ²
A. As a part of the company guidelines, (Whereupon, the last question was
3 3
that exists, yes. read back.)
4 4 R" n-
Q. And if yOu WOuld, an in-house bonus HE WITNESS
5
is a bonus paid by Houlihan Lawrence to certain ten percent of the compaff.
6
sales agents for dual agent transactions, is of the offices or each of the'W ( $
7
that a fair statement? . involved in the transaction #n
8 8
A. When you say dual, I want to be side and the buy side.
9 9
specific, you are speaking also about dual BY MR. VEST:
¹° ¹°
designated office-to-office not just Q. And when you say "the apfg
¹¹ ¹¹ dollar,"
agent-to-agent. you are referring to the gï
¹² ¹²
Q. Yeah, I'm referring to any dual commission mcome?
13 ¹³
agent transaction in which Houlihan Lawrence is A. No.
¹4 4
acting as a dual agent. Q. That's a different num5eþ
¹5 ¹5
A. Yes. A. I'm talking about the con
16 16
Q. So, yes, I mean to include both dollar. So if an agent is paid $5, 0
¹7 07
forms. commission, the check for $5,000
¹ª 18
A. Yep. a 50/50 split; they get 2,500, the com
¹9 ,¹9
Q. So let's just back up. dollar is 2,500
2° 2
You understand that New York Law If the transaction occurred with
2¹ 2
recognizes two forms of dual agency? another Houhhan Lawrence agent; oft 4
22
A. Yes, I do. VQhat agent would get five percent -4
23
24
Q. And those two types of relationships percent of the company dollar, ab) 9
is reflected on what we previously referred to five percent of the gross e
25 25
as the Section 443 form. correct? Q Thank you for that clantication
Page 174 Page 176
¹ - CONFIDENTIAL ¹ - CONFIDENTIAL
GEOFFREY BERRY GEOFFREY BERRY
2 2
A. Correct. Now, you indicated a moment ago that
3 3
Q. And one relationship is identified in your view the in-house bonus had no effect
4 4
as a dual agent relationship? on the conduct of Houlihan Lawrence sales
5
A. Correct. agents, correct?
6
Q. And the second relationship is A. Correct.
7 7
identified as a dual agent with a designated Q. Would you agree that it at least has
8 8 --
sales agents relationship, correct? the potential
9 9
A. Correct. MR. MacGILL: Whoa, whoa, whoa, slow
¹° ¹°
Q. The in-house bonus is a bonus paid down. His testimony was in-house bonus has
¹¹ ¹¹
by Houlihan Lawrence to a certain Houlihan no impact on the White Plains office sales.
12 ¹²
Lawrence sales agents for either type of dual Q. Would you agree that the in-house
13 ¹³
agent relationship, correct? bonus at least has the potential to impact the
¹4 ¹4
A. Correct. behavior of Houlihan Lawrence sales agents?
15 ¹5
Q. And in the in-house bonus paid by A. Anything is possible.
16 ¹6
Houlihan Lawrence is 20 percent of the gross Q. Well, it creates a temptation, does
¹7 -- 17
commission income when it not?
¹ª ¹ª
MR. MacGILL: Object to the form of A. It could.
¹9 ¹9
the question. Q. It could create a temptation to fail
2° -- when 2°
Q. Houlihan Lawrence sales to make the required agency disclosures?
21 21 --
agents are on both sides of the transaction, A. On a transaction thats bringing
22 22
correct? that $500,000 transaction; you're talking about
23 23
MR. MacGILL: Objection to the form a $625 in-house bonus, it's a very small amount
24 24
of the question. Read back, please I of money and its not the priority of the
25 25
interrupted. agents to represent the clients and put this
215-341-3616 transcr pts@everestdepo.com
Everest Court Reporting LLC Page: 47 (173 - 176)
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 10:30 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1722 RECEIVED NYSCEF: 03/11/2024
CONFIDENTIAL
Deposition of Geoffrey Berry Pamela Goldstein, et. al. v. Houlihan/Lawrence, Inc.
Page 177 Page 179
¹
Preview
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 10:30 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1722 RECEIVED NYSCEF: 03/11/2024 HL EXHIBIT 49 BERRY DEPOSITION TRANSCRIPT SEPTEMBER 16, 2021 FILED: WESTCHESTER COUNTY CLERK 03/11/2024 10:30 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1722 RECEIVED NYSCEF: 03/11/2024 CONFIDENTIAL Deposition of Geoffrey Berry Pamela Goldstein, et. al. v. Houlihan/Lawrence, Inc. 1 2 SUPREME COURT OF THE STATE OF NEW YORK 3 COUNTY OF WESTCHESTER 4 ---------------------------------X * * 5 PAMELA ELLYN & TONY * GOLDSTEIN, BERK as Administrators of the * 6 Estate of Winifred and PAUL * Berk, on behalf of themselves * BENJAMIN, 7 and all others * similarly situated, * INDEX NO: 8 * 60767/2018 PLAINTIFFS, * 9 vs * * 10 HOULIHAN LAWRENCE * INC., * 11 DEFENDANT. * _________________________________Ç 12 13 *** CONFIDENTIAL *** 14 15 VIDEOTAPED DEPOSITION 16 Of 17 GEOFFREY BERRY 18 White New York Plains, 19 September 2021 Thursday, 16, 20 2 1 2 2 Reported by: 2 3 Mary Agnes Drury, RPR, NYACR, CLR 2 4 JOB NO. 9602 2 5 215-341-3616 transcripts@everestdepo.com Everest Court Reporting LLC Page: 1 (1) FILED: WESTCHESTER COUNTY CLERK 03/11/2024 10:30 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1722 RECEIVED NYSCEF: 03/11/2024 CONFIDENTIAL Deposition of Geoffrey Berry Pamela Goldstein, et. al. v. Houlihan/Lawrence, Inc. 1 2 3 4 September 2021 16, 5 9:10 a.m. 6 7 8 VIDEOTAPED DEPOSITION of GEOFFREY 9 held at the Regus Conference Center BERRY, 10 50 Main White New Street, Plains, York, 11 before Agnes a Mary Drury, RPR, NYACR, CLR, 12 Public of the States of New York and Notary 13 New Jersey. 14 15 16 17 18 19 2 O 2 1 2 2 2 3 2 4 2 5 215-341-3616 transcripts@everestdepo.com Everest Court Reporting LLC Page: 2 (2) FILED: WESTCHESTER COUNTY CLERK 03/11/2024 10:30 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1722 RECEIVED NYSCEF: 03/11/2024 CONFIDENTIAL Deposition of Geoffrey Berry Pamela Goldstein, et. al. v. Houlihan/Lawrence, Inc. 1 2 A P P E A R A N C E S: 3 4 MINTZ LEVIN COHN FERRIS 5 GLOVSKY and POPEO PC 6 Attorneys for Plaintiffs 7 666 Third Avenue 8 Chrysler Center 9 New New York 10017 York, 10 (212) 692-6718 11 BY: JEREMY C. ESQ. VEST, 12 JVest@Mintz.com 13 14 MacGill PC 15 Attorneys for Defendant 16 55 Monument Circle 17 Suite 1200C 18 Indianapol is Indiana 46204 , 19 (317) 961-5085 20 BY: ROBERT D. ESQ. MacGILL, 21 MATTHEW T. ESQ. CIULLA, 22 Robert.MacGill@MacGillLaw.com 23 Matthew.Ciulla@MacGillLaw.com 2 4 2 5 215-341-3616 transcripts@everestdepo.com Everest Court Reporting LLC Page: 3 (3) FILED: WESTCHESTER COUNTY CLERK 03/11/2024 10:30 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1722 RECEIVED NYSCEF: 03/11/2024 CONFIDENTIAL Deposition of Geoffrey Berry Pamela Goldstein, et. al. v. Houlihan/Lawrence, Inc. Page 169 Page 171 ¹ - CONFIDENTIAL ¹ - CONFIDENTIAL GEOFFREY BERRY GEOFFREY BERRY 2 2 Houlihan Lawrence sales agents in the field, speaking on behalf of every agent at Houlihan 3 3 correct? Lawrence? 't 4 A. Correct. A. I'm saying that's the culture of our 5 Q. Now, one of -- can you think of any office. 6 6 - policy maintained by Houlihan Lawrence that Q. The culture so would you say that 7 7 incentivizes sales agents to keep deals the White Plains office has a distinct 8 8 in-house? corporate culture? 9 9 THE WITNESS: Read the question A. I try to maintain a culture, yes. 1° 1° again; say the question again. Q. And do you think that that culture ¹¹ ¹¹ (Whereupon, the last question was is consistent across Houlihan Lawrence? 12 ¹² read back.) A. I can't answer for any other office. ¹³ ¹³ THE WITNESS: So are you referring Q. But your testimony is that all of ¹4 ¹4 to the in-house bonus? the Houlihan Lawrence sales agents act in ¹5 ¹5 BY MR. VEST: accordance with what you understand to be the ¹6 ¹6 Q. Sir, I'm just asking you a question culture of the White Plains office? ¹7 ¹7 as to whether there is any policy that you A. That is always the hope. 18 ¹ª would identify that incentivizes sales agent to Q. But some agents may not then act in ¹9 ¹9 keep deals in-house? accordance with the culture as you understand 2° 2° A. Agents just want to put a deal it? 21 2¹ together, they are really not concerned about A. Anything is possible. 22 22 any kind of bonus they get from a sale. Q. And so it's possible that some White 23 23 Q. So your view is agents are Plains agents are incentivized by the in-house 24 24 completely disinterested in any bonus they may bonus to keep deals in-house? 25 25 receive on a contract? A. T can't answer that for them. Page 170 Page 172 1 - CONFIDENTIAL ¹ - CONFIDENTIAL GEOFFREY BERRY GEOFFREY BERRY 2 2 A. I didn't say that. I didn't say Q. You can't answer on behalf of all 3 3 that. I said an agent is happy to put a deal the White Plains sales agents? 4 4 together and a deal that is acceptable by their A. No. 5 client for their best interest. Q. It's just your perspective that it 6 -- are 6 Q. Do they they also interested has no impact on the decisionmaking of White 7 7 in collecting any bonus that they might collect Plains sales agents? 8 8 on a transaction? A. Correct. 9 9 -- A. If there is a bonus available, yes. Q. Do you think that the ¹° ¹° Q. And returning to my original MR. MacGILL: Hold on a second. Can 1¹ 1¹ question, you know, would you point to any I hear the last part of the question back? ¹² ¹² policy maintained by Houlihan Lawrence that (Whereupon, the last question was 13 ¹³ incentivizes sales agents to keep deals read back.) ¹4 ¹4 in-house? MR. MacGILL: Thank you. ¹5 -- ¹5 A. That is not BY MR. VEST: 16 ¹6 -- MR. MacGILL: Asked and answered. Q. Now, you're familiar with the ¹7 17 Answer it again, please. Houlihan Lawrence maintains an in-house bonus ¹ª ¹ª THE WITNESS: That is not a priority policy, correct? 19 19 of the agents. If there is a bonus A. Correct. 2° 2° -- did attached to the transaction because it's Q. And has so in 2011? 2¹ 21 in-house, I'm sure they're happy to get A. Yes. 22 22 that bonus, but it is not a driving factor Q. And continued to do so through 2018, ²3 23 for them to -- in their negotiations. correct? 2'1 24 BY MR. VEST: A. I believe so. 25 25 Q. So in your answer right now, you are Q. And, in fact. continues to this day? 215-341-3616 transcripts@everestdepo.com Everest Court Reporting LLC Page: 46 (169 - 172) FILED: WESTCHESTER COUNTY CLERK 03/11/2024 10:30 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1722 RECEIVED NYSCEF: 03/11/2024 CONFIDENTIAL Deposition of Geoffrey Berry Pamela Goldstein, et. al. v. Houlihan/Lawrence, Inc. Page 173 Page 175 ¹ - CONFIDENTIAL ¹ - CONFIDENTIAL GEOFFREY BERRY GEOFFREY BERRY 2 ² A. As a part of the company guidelines, (Whereupon, the last question was 3 3 that exists, yes. read back.) 4 4 R" n- Q. And if yOu WOuld, an in-house bonus HE WITNESS 5 is a bonus paid by Houlihan Lawrence to certain ten percent of the compaff. 6 sales agents for dual agent transactions, is of the offices or each of the'W ( $ 7 that a fair statement? . involved in the transaction #n 8 8 A. When you say dual, I want to be side and the buy side. 9 9 specific, you are speaking also about dual BY MR. VEST: ¹° ¹° designated office-to-office not just Q. And when you say "the apfg ¹¹ ¹¹ dollar," agent-to-agent. you are referring to the gï ¹² ¹² Q. Yeah, I'm referring to any dual commission mcome? 13 ¹³ agent transaction in which Houlihan Lawrence is A. No. ¹4 4 acting as a dual agent. Q. That's a different num5eþ ¹5 ¹5 A. Yes. A. I'm talking about the con 16 16 Q. So, yes, I mean to include both dollar. So if an agent is paid $5, 0 ¹7 07 forms. commission, the check for $5,000 ¹ª 18 A. Yep. a 50/50 split; they get 2,500, the com ¹9 ,¹9 Q. So let's just back up. dollar is 2,500 2° 2 You understand that New York Law If the transaction occurred with 2¹ 2 recognizes two forms of dual agency? another Houhhan Lawrence agent; oft 4 22 A. Yes, I do. VQhat agent would get five percent -4 23 24 Q. And those two types of relationships percent of the company dollar, ab) 9 is reflected on what we previously referred to five percent of the gross e 25 25 as the Section 443 form. correct? Q Thank you for that clantication Page 174 Page 176 ¹ - CONFIDENTIAL ¹ - CONFIDENTIAL GEOFFREY BERRY GEOFFREY BERRY 2 2 A. Correct. Now, you indicated a moment ago that 3 3 Q. And one relationship is identified in your view the in-house bonus had no effect 4 4 as a dual agent relationship? on the conduct of Houlihan Lawrence sales 5 A. Correct. agents, correct? 6 Q. And the second relationship is A. Correct. 7 7 identified as a dual agent with a designated Q. Would you agree that it at least has 8 8 -- sales agents relationship, correct? the potential 9 9 A. Correct. MR. MacGILL: Whoa, whoa, whoa, slow ¹° ¹° Q. The in-house bonus is a bonus paid down. His testimony was in-house bonus has ¹¹ ¹¹ by Houlihan Lawrence to a certain Houlihan no impact on the White Plains office sales. 12 ¹² Lawrence sales agents for either type of dual Q. Would you agree that the in-house 13 ¹³ agent relationship, correct? bonus at least has the potential to impact the ¹4 ¹4 A. Correct. behavior of Houlihan Lawrence sales agents? 15 ¹5 Q. And in the in-house bonus paid by A. Anything is possible. 16 ¹6 Houlihan Lawrence is 20 percent of the gross Q. Well, it creates a temptation, does ¹7 -- 17 commission income when it not? ¹ª ¹ª MR. MacGILL: Object to the form of A. It could. ¹9 ¹9 the question. Q. It could create a temptation to fail 2° -- when 2° Q. Houlihan Lawrence sales to make the required agency disclosures? 21 21 -- agents are on both sides of the transaction, A. On a transaction thats bringing 22 22 correct? that $500,000 transaction; you're talking about 23 23 MR. MacGILL: Objection to the form a $625 in-house bonus, it's a very small amount 24 24 of the question. Read back, please I of money and its not the priority of the 25 25 interrupted. agents to represent the clients and put this 215-341-3616 transcr pts@everestdepo.com Everest Court Reporting LLC Page: 47 (173 - 176) FILED: WESTCHESTER COUNTY CLERK 03/11/2024 10:30 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1722 RECEIVED NYSCEF: 03/11/2024 CONFIDENTIAL Deposition of Geoffrey Berry Pamela Goldstein, et. al. v. Houlihan/Lawrence, Inc. Page 177 Page 179 ¹