Preview
FILED: WESTCHESTER COUNTY CLERK 04/22/2024 05:55 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1836 RECEIVED NYSCEF: 04/22/2024
Motion Sequence No. 26
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
PAMELA GOLDSTEIN, Index No. 60767/2018
ELLYN & TONY BERK as Administrators
of the Estate of Winifred Berk, and PAUL Hon. Linda S. Jamieson
BENJAMIN, on behalf of themselves and
all others similarly situated, DECLARATION OF JEREMY
VEST IN OPPOSITION TO
Plaintiffs, HOULIHAN LAWRENCE’S
v. MOTION TO STRIKE THOMAS
CUSACK
HOULIHAN/LAWRENCE INC.,
Defendant.
STATE OF NEW YORK )
) SS:
COUNTY OF WESTCHESTER )
JEREMY VEST, an attorney admitted to practice in the Courts of the State
of New York, declares and states as follows:
1. I am a member in the law firm of Mintz, Levin, Cohn, Ferris, Glovsky,
and Popeo, P.C. (“Mintz”) and Co-Class Counsel to Class Plaintiffs in Pamela
Goldstein, Dr. Ellyn and Tony Berk, as administrators of the Estate of Winifred
Berk, and Paul Benjamin v. Houlihan/Lawrence Inc., Index No. 60767/2018. I
make this declaration in opposition to Defendant’s Motion to Strike Thomas
Cusack. I have personal knowledge of the facts set forth in this declaration and, if
called to testify about those facts, could and would do so competently under oath.
2. Attached as Exhibit 1 is a true and correct copy of the New York
Department of State’s Legal Memorandum LI12: Be Wary of Dual Agency, updated
February 2020.
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NYSCEF DOC. NO. 1836 RECEIVED NYSCEF: 04/22/2024
3. Attached as Exhibit 2 is a true and correct copy of the 2015 Houlihan
Lawrence Agent Orientation Manual, produced by Defendant in this litigation and
bearing Bates numbers HL00029064 through HL00029236.
4. Attached as Exhibit 3 is a true and correct copy of the 2018 Houlihan
Lawrence Agent Orientation Manual, produced by Defendant in this litigation and
bearing Bates numbers HL00036697 through HL00036822.
5. Attached as Exhibit 4 is a true and correct copy of an email from
James Gricar to Christopher Meyers, dated May 17, 2018, produced by Defendant
in this litigation and bearing Bates numbers HL01112165 through HL01112169.
6. Attached as Exhibit 5 is a true and correct copy of an email from
Cynthia Landis to Annette “Toni” Chrystal, dated May 14, 2018, produced by
Defendant in this litigation and bearing Bates number HL00064885.
7. Attached as Exhibit 6 is a true and correct copy of excerpts from the
transcript of the deposition of Thomas Cusack, taken on September 28, 2023.
8. Attached as Exhibit 7 is a true and correct copy of an Excel
spreadsheet containing a pre-certification list of dual-agent deals appearing in MLS
databases (the “MLS List”), produced by Defendant in this litigation and bearing
Bates number HL00002638.
9. Attached as Exhibit 8 is a true and correct copy of Houlihan
Lawrence’s Memorandum of Law in Support of Its Motion for an Order to Seal,
dated November 15, 2021.
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NYSCEF DOC. NO. 1836 RECEIVED NYSCEF: 04/22/2024
10. Attached as Exhibit 9 is a true and correct copy of “Mutually
Dependent Transactions and the Creation of Dual Agency,” by Edward Sumber,
Real Estate In-Depth, March 2009.
11. Attached as Exhibit 10 is a true and correct copy of a memorandum
from the New York Department of State to Counsel to the Governor, dated July 12,
1991.
12. Attached as Exhibit 11 is a true and correct copy of an email from
Eileen Taus to Leah Caro and Lewis Arlt, with attachment, dated March 14, 2014,
produced by Defendant in this litigation and bearing Bates numbers HL00169140
through HL00169150.
13. Attached as Exhibit 12 is a true and correct copy of an email from
Debra Dalton to Bronxville Agents, dated May 2, 2016, produced by Defendant in
this litigation and bearing Bates number HL00145584.
14. Attached as Exhibit 13 is a true and correct copy of excerpts from
Modern Real Estate Practice in New York for Salespersons, by Sam Irlander (14th
Edition, 2023).
15. Attached as Exhibit 14 is a true and correct copy of an email from
Lewis Arlt to Richard Haggerty, dated September 26, 2011, produced by Defendant
in this litigation and bearing Bates number HL00157481.
16. Attached as Exhibit 15 is a true and correct copy of Houlihan
Lawrence’s announcement of the 2019 recipients of its Emerald Awards, Real Estate
In-Depth, Vol. 25, No. 2 (February 2020).
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NYSCEF DOC. NO. 1836 RECEIVED NYSCEF: 04/22/2024
17. Attached as Exhibit 16 is a true and correct copy of “Who Is My
Client? A REALTORS® Guide to Compliance with the Law of Agency,” by William
D. North, National Association of Realtors (1st Edition, November 1986).
Dated: April 22, 2024
New York, New York
/s/ Jeremy Vest ____
Jeremy Vest
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NYSCEF DOC. NO. 1836 RECEIVED NYSCEF: 04/22/2024
Certificate of Counsel
Pursuant to Commercial Division Rule 17
I, Jeremy Vest, counsel for Plaintiffs, hereby certify, pursuant to Commercial
Division Rule 17, that the word count for the foregoing document, excluding the
caption, table of contents, table of authorities, and signature block, is 646 words.
This document therefore complies with the rule, which limits briefs, memoranda,
affirmations, and affidavits to 7,000 words. I certify that the word count Microsoft
Word generated for this document is 646.
Dated: April 22, 2024
New York, New York
/s/ Jeremy Vest
Jeremy Vest, Esq.
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Preview
FILED: WESTCHESTER COUNTY CLERK 04/22/2024 05:55 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1836 RECEIVED NYSCEF: 04/22/2024 Motion Sequence No. 26 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER PAMELA GOLDSTEIN, Index No. 60767/2018 ELLYN & TONY BERK as Administrators of the Estate of Winifred Berk, and PAUL Hon. Linda S. Jamieson BENJAMIN, on behalf of themselves and all others similarly situated, DECLARATION OF JEREMY VEST IN OPPOSITION TO Plaintiffs, HOULIHAN LAWRENCE’S v. MOTION TO STRIKE THOMAS CUSACK HOULIHAN/LAWRENCE INC., Defendant. STATE OF NEW YORK ) ) SS: COUNTY OF WESTCHESTER ) JEREMY VEST, an attorney admitted to practice in the Courts of the State of New York, declares and states as follows: 1. I am a member in the law firm of Mintz, Levin, Cohn, Ferris, Glovsky, and Popeo, P.C. (“Mintz”) and Co-Class Counsel to Class Plaintiffs in Pamela Goldstein, Dr. Ellyn and Tony Berk, as administrators of the Estate of Winifred Berk, and Paul Benjamin v. Houlihan/Lawrence Inc., Index No. 60767/2018. I make this declaration in opposition to Defendant’s Motion to Strike Thomas Cusack. I have personal knowledge of the facts set forth in this declaration and, if called to testify about those facts, could and would do so competently under oath. 2. Attached as Exhibit 1 is a true and correct copy of the New York Department of State’s Legal Memorandum LI12: Be Wary of Dual Agency, updated February 2020. 1 of 5 FILED: WESTCHESTER COUNTY CLERK 04/22/2024 05:55 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1836 RECEIVED NYSCEF: 04/22/2024 3. Attached as Exhibit 2 is a true and correct copy of the 2015 Houlihan Lawrence Agent Orientation Manual, produced by Defendant in this litigation and bearing Bates numbers HL00029064 through HL00029236. 4. Attached as Exhibit 3 is a true and correct copy of the 2018 Houlihan Lawrence Agent Orientation Manual, produced by Defendant in this litigation and bearing Bates numbers HL00036697 through HL00036822. 5. Attached as Exhibit 4 is a true and correct copy of an email from James Gricar to Christopher Meyers, dated May 17, 2018, produced by Defendant in this litigation and bearing Bates numbers HL01112165 through HL01112169. 6. Attached as Exhibit 5 is a true and correct copy of an email from Cynthia Landis to Annette “Toni” Chrystal, dated May 14, 2018, produced by Defendant in this litigation and bearing Bates number HL00064885. 7. Attached as Exhibit 6 is a true and correct copy of excerpts from the transcript of the deposition of Thomas Cusack, taken on September 28, 2023. 8. Attached as Exhibit 7 is a true and correct copy of an Excel spreadsheet containing a pre-certification list of dual-agent deals appearing in MLS databases (the “MLS List”), produced by Defendant in this litigation and bearing Bates number HL00002638. 9. Attached as Exhibit 8 is a true and correct copy of Houlihan Lawrence’s Memorandum of Law in Support of Its Motion for an Order to Seal, dated November 15, 2021. 2 of 5 FILED: WESTCHESTER COUNTY CLERK 04/22/2024 05:55 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1836 RECEIVED NYSCEF: 04/22/2024 10. Attached as Exhibit 9 is a true and correct copy of “Mutually Dependent Transactions and the Creation of Dual Agency,” by Edward Sumber, Real Estate In-Depth, March 2009. 11. Attached as Exhibit 10 is a true and correct copy of a memorandum from the New York Department of State to Counsel to the Governor, dated July 12, 1991. 12. Attached as Exhibit 11 is a true and correct copy of an email from Eileen Taus to Leah Caro and Lewis Arlt, with attachment, dated March 14, 2014, produced by Defendant in this litigation and bearing Bates numbers HL00169140 through HL00169150. 13. Attached as Exhibit 12 is a true and correct copy of an email from Debra Dalton to Bronxville Agents, dated May 2, 2016, produced by Defendant in this litigation and bearing Bates number HL00145584. 14. Attached as Exhibit 13 is a true and correct copy of excerpts from Modern Real Estate Practice in New York for Salespersons, by Sam Irlander (14th Edition, 2023). 15. Attached as Exhibit 14 is a true and correct copy of an email from Lewis Arlt to Richard Haggerty, dated September 26, 2011, produced by Defendant in this litigation and bearing Bates number HL00157481. 16. Attached as Exhibit 15 is a true and correct copy of Houlihan Lawrence’s announcement of the 2019 recipients of its Emerald Awards, Real Estate In-Depth, Vol. 25, No. 2 (February 2020). 3 of 5 FILED: WESTCHESTER COUNTY CLERK 04/22/2024 05:55 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1836 RECEIVED NYSCEF: 04/22/2024 17. Attached as Exhibit 16 is a true and correct copy of “Who Is My Client? A REALTORS® Guide to Compliance with the Law of Agency,” by William D. North, National Association of Realtors (1st Edition, November 1986). Dated: April 22, 2024 New York, New York /s/ Jeremy Vest ____ Jeremy Vest 4 of 5 FILED: WESTCHESTER COUNTY CLERK 04/22/2024 05:55 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1836 RECEIVED NYSCEF: 04/22/2024 Certificate of Counsel Pursuant to Commercial Division Rule 17 I, Jeremy Vest, counsel for Plaintiffs, hereby certify, pursuant to Commercial Division Rule 17, that the word count for the foregoing document, excluding the caption, table of contents, table of authorities, and signature block, is 646 words. This document therefore complies with the rule, which limits briefs, memoranda, affirmations, and affidavits to 7,000 words. I certify that the word count Microsoft Word generated for this document is 646. Dated: April 22, 2024 New York, New York /s/ Jeremy Vest Jeremy Vest, Esq. 5 of 5