On August 18, 2017 a
Motion-Secondary
was filed
involving a dispute between
Allison Clark Aka Lala Abaddon,
and
Castor And Pollux Limited Liability Company Dba Castor Gallery,
Justin A. Dedemko,
Sean T. Nicholas,
for Commercial - Contract
in the District Court of New York County.
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FILED: NEW YORK COUNTY CLERK 12/22/2017 01:52 PM INDEX NO. 655446/2017
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 12/22/2017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
ALLISON CLARK a/k/a LALA
ABADDON, INDEX NO.:655446/2017
Plaintiff . Return Date: December 26, 2017
:
-against- :
: AFFIRMATION OF JUSTIN DEDEMKO
CASTOR and POLLUX LIMITED
LIABILITY COMPANY d/b/a CASTOR
GALLERY, SEAN NICHOLAS, and
JUSTIN A. DEDEMKO,
Defendants.
JUSTIN DEDEMKO, of full age, affirm pursuant to the laws against perjury
to the following:
1. I am a Defendant in this matter and a member of Castor and
Pollux, LLC. I am fully familiar with the facts set forth below.
2. The Complaint filed by Allison Clark misstates the
agreement she had with Castor Gallery.
3. The arrangement the gallery had with the Plaintiff was that
sales revenues would be split equally after ordinary expenses of
displaying the art offered for sale, including framing and installation,
were deducted. These expenses largely consisted of the significant cost
of framing the artwork and preparing gallery displays.
4. The Complaint put forth by Ms. Clark denies that the cost
of displaying the art was to be deducted before commissions. This is
completely false.
5. Attached hereto as Exhibit A is an exchange of emails
between August 17th and 18th between myself and Plaintiff which confirms
1 of 2
FILED: NEW YORK COUNTY CLERK 12/22/2017 01:52 PM INDEX NO. 655446/2017
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 12/22/2017
a settlement we reached whereby the artwork would be returned without
frames.
6. All sales commissions have been properly paid to the
Plaintiff consistent with our agreement.
7. As these emails clearly demonstrate, when Plaintiff reneged
on her agreement to pay framing and other show expenses, we came to an
agreement whereby her unsold artwork would be returned after frames had
been removed.
Dated: December 22, 2017
2 of 2
Document Filed Date
December 22, 2017
Case Filing Date
August 18, 2017
Category
Commercial - Contract
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FILED: NEW YORK COUNTY CLERK 12/22/2017 01:52 PM INDEX NO. 655446/2017 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 12/22/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ALLISON CLARK a/k/a LALA ABADDON, INDEX NO.:655446/2017 Plaintiff . Return Date: December 26, 2017 : -against- : : AFFIRMATION OF JUSTIN DEDEMKO CASTOR and POLLUX LIMITED LIABILITY COMPANY d/b/a CASTOR GALLERY, SEAN NICHOLAS, and JUSTIN A. DEDEMKO, Defendants. JUSTIN DEDEMKO, of full age, affirm pursuant to the laws against perjury to the following: 1. I am a Defendant in this matter and a member of Castor and Pollux, LLC. I am fully familiar with the facts set forth below. 2. The Complaint filed by Allison Clark misstates the agreement she had with Castor Gallery. 3. The arrangement the gallery had with the Plaintiff was that sales revenues would be split equally after ordinary expenses of displaying the art offered for sale, including framing and installation, were deducted. These expenses largely consisted of the significant cost of framing the artwork and preparing gallery displays. 4. The Complaint put forth by Ms. Clark denies that the cost of displaying the art was to be deducted before commissions. This is completely false. 5. Attached hereto as Exhibit A is an exchange of emails between August 17th and 18th between myself and Plaintiff which confirms 1 of 2 FILED: NEW YORK COUNTY CLERK 12/22/2017 01:52 PM INDEX NO. 655446/2017 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 12/22/2017 a settlement we reached whereby the artwork would be returned without frames. 6. All sales commissions have been properly paid to the Plaintiff consistent with our agreement. 7. As these emails clearly demonstrate, when Plaintiff reneged on her agreement to pay framing and other show expenses, we came to an agreement whereby her unsold artwork would be returned after frames had been removed. Dated: December 22, 2017 2 of 2