Party Discovery: Pamela Goldstein, Ellyn Berk, Tony Berk, Paul Benjamin v. Houlihan/Lawrence Inc.

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                                FILED: WESTCHESTER COUNTY CLERK 04/22/2024 11:45 PM      INDEX NO. 60767/2018
NYSCEF DOC. NO. 1944                              RECEIVED NYSCEF: 04/22/2024




                       EXHIBIT 71
FILED: WESTCHESTER COUNTY CLERK 04/22/2024 11:45 PM                       INDEX NO. 60767/2018
NYSCEF DOC. NO. 1944                                               RECEIVED NYSCEF: 04/22/2024



                                                                         Page 1

          1
          2      SUPREME COURT OF THE STATE OF NEW YORK
                 COUNTY OF WESTCHESTER
          3      ------------------------------------------X
                 PAMELA GOLDSTEIN, ELLYN & TONY BERK, as
          4      Administrators of the Estate of Winifred
                 Berk, and PAUL BENJAMIN, on behalf of
          5      themselves and all others similarly
                 situated,
          6
                                                           PLAINTIFFS,
          7
                                 -against-                 Index No.:
         8                                                 60767/2018
         9       HOULIHAN/LAWRENCE, INC.,
        10                                  DEFENDANT.
                 ------------------------------------------X
        11
        12                                    DATE: May 10, 2023
        13                                    TIME: 9:07 A.M.
        14
        15
        16                  VIDEO RECORDED EXAMINATION
        17       BEFORE TRIAL of the Plaintiff, PAUL
        18       BENJAMIN, taken by the Defendant, pursuant
        19       to a Court Order, held at the offices of
        20       DELBELLO DONNELLAN WEINGARTEN WISE &
        21       WIEDERKEHR, LLP, One North Lexington
        22       Avenue, 11th Floor, White Plains, New York
        23       10601, before JANNA LIRTSMAN, a Notary
        24       Public of the State of New York.
        25
                                          1

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FILED: WESTCHESTER COUNTY CLERK 04/22/2024 11:45 PM                       INDEX NO. 60767/2018
NYSCEF DOC. NO. 1944                                               RECEIVED NYSCEF: 04/22/2024



                                                                      Page 101

          1                             P. BENJAMIN
          2      line."
          3                      Do you have any evidence that
          4      Mr. Murray or Ms. Kessel crossed any line?
          5              A.      I don't have any, no.
          6              Q.      In the last sentence of
          7      paragraph eight, you refer to "a risk that
          8      they could push consumers into an in-house
          9      sale due either to undue pressure by or
        10       loyalty to their broker.
        11                       Do you see that?
        12               A.      Yes.
        13               Q.      First of all, nobody pushed you
        14       into this sale, correct?
        15               A.      That's correct.
        16               Q.      And you don't have any evidence
        17       that Ms. Kessel pushed the seller into
        18       accepting your offer?
        19               A.      I do not.
        20               Q.      And, in fact, if she had
        21       pressured the seller into accepting your
        22       offer, that would have been to your
        23       benefit?
        24               A.      I have no idea.
        25               Q.      Well, you wanted the seller to
                                         101

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FILED: WESTCHESTER COUNTY CLERK 04/22/2024 11:45 PM                         INDEX NO. 60767/2018
NYSCEF DOC. NO. 1944                                                 RECEIVED NYSCEF: 04/22/2024



                                                                          Page 102

          1                             P. BENJAMIN
          2      accept your offer?
          3              A.      Yes.
          4              Q.      Can you identify any financial
          5      harm that you suffered as a result of any
          6      of the acts about which you are complaining
          7      in this case?
          8                      MR. VEST:       Objection.         Calls
          9                for a legal conclusion.
        10               A.      I think -- again, I'm going to
        11       kind of go back to the fact that as a dual
        12       agent, the agent can't provide undivided
        13       loyalty to me, so --
        14               Q.      So I want you just to assume
        15       for the sake of this question that there
        16       was a breach of fiduciary duty.                   Just
        17       assume that that occurred.
        18                       Do you have any evidence that
        19       you suffered any financial harm as a
        20       result?
        21                       MR. VEST:       Objection.         Calls
        22                 for a legal conclusion.
        23               A.      That's for the courts to figure
        24       out.
        25               Q.      I think you testified earlier
                                         102

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FILED: WESTCHESTER COUNTY CLERK 04/22/2024 11:45 PM                         INDEX NO. 60767/2018
NYSCEF DOC. NO. 1944                                                RECEIVED NYSCEF: 04/22/2024



                                                                       Page 103

          1                             P. BENJAMIN
          2      you don't have any evidence to think you
          3      paid too much for the house, correct?
          4              A.      No.
          5              Q.      Do you agree that in your
          6      interactions with Mr. Murray he never
          7      appeared to be reading anything to you, did
          8      he?
          9                      MR. VEST:       Objection.        Vague.
        10               A.      What do you mean by that?
        11               Q.      Would you describe your
        12       conversations with Mr. Murray as normal
        13       conversations?
        14               A.      Yes.
        15               Q.      Did it ever appear that he was
        16       reading a document as part of your
        17       conversations?
        18               A.      It didn't appear as though.
        19               Q.      Did it ever appear as though he
        20       was reciting something he had memorized
        21       during your conversations?
        22               A.      I don't recall that.
        23               Q.      Is it your understanding that
        24       as a buyer in this case you are seeking a
        25       refund of the commission that was paid on
                                         103

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