On May 11, 2018 a
Exhibit,Appendix
was filed
involving a dispute between
Stella Stolper,
and
Zarina Burbacki,
for Commercial Division
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 09/16/2019 05:26 PM INDEX NO. 652352/2018
NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 09/16/2019
1
1 SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK - CIVIL TERM - PART 53
2 -------------------------------X
WIKKED ENTERTAINMENT, INC., and
3 STELLA STOLPER,
4 Plaintiff
5 v. Index No. 652252/2018
6 ZARINA BURBACKI and YONATAN
SHIMRONY,
7
Defendants.
8 -------------------------------X
60 Centre Street
9 New York, New York
February 13, 2019
10
11 B E F O R E:
12 H O N O R A B L E A N D R E W B O R R O K,
13 Justice
14 A P P E A R A N C E S:
15 KRUZHKOV RUSSO, PLLC
The Empire State Building
16 350 Fifth Avenue
New York, New York 10118
17 BY: MARLEN KRUZHKOV, ESQ.,
Attorneys for Plaintiff
18
JONATHAN E. NEUMAN, ESQ.
19 176-25 Union Turnpike, Suite 230
Fresh Meadows, New York 11366
20 Attorneys for Defendants
21
22
23
Reported by: Anthony Armstrong, Official Court Reporter
24
25
Anthony Armstrong, Official Court Reporter
FILED: NEW YORK COUNTY CLERK 09/16/2019 05:26 PM INDEX NO. 652352/2018
NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 09/16/2019
17
Argument
1 injury.
2 That's the Amron case. That's the First
3 Department case. That's what sets the standards.
4 When the tortious interference is based on
5 defamation, pleading in accordance with the heightened
6 requirements under 3016 of the CPLR are required. "To
7 wit, it's necessary to allege a time, place, manner of
8 the false statement and to whom it was made." That's
9 Dillon versus City of New York. That's another First
10 Department case from 1999.
11 The complaint contains general allegations. It
12 doesn't properly identify the business relationship or
13 otherwise alleged to whom it was made. So I am
14 dismissing the tortious interference claim at this
15 time with leave to replead it if the heightened
16 pleading standards can be met. But at this stage of
17 the pleadings and based on what the complaint says,
18 it's dismissed.
19 MR. KRUZHKOV: Thank you, your Honor.
20 THE COURT: No. 3.
21 MR. NEUMAN: No. 3 is a breach of fiduciary
22 claim that's premised on the same exact facts and
23 damages of the conversion claim. And under the first
24 department, we have cited therefore it has to be
25 dismissed as duplicative. They argue you are allowed
Anthony Armstrong, Official Court Reporter
FILED: NEW YORK COUNTY CLERK 09/16/2019 05:26 PM INDEX NO. 652352/2018
NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 09/16/2019
23
Argument
1 they repeated the falsities they have been spreading
2 about Ms. Stolper concerning her purported
3 self-dealing and theft and impinged her character and
4 intentions of talent manager."
5 Paragraph 45. "Upon information and belief at
6 that meeting, Burbacki shared an illegally-recorded
7 telephone call between her and Ms. Stolper which was
8 taken out of context to support her false, misleading
9 and defamatory statements."
10 Paragraph 46. "Information --
11 THE COURT: Okay. Wait. So I don't see
12 anything. And this is what my problem was with this,
13 which identifies the business opportunity in the sense
14 that I don't know who any of this stuff was
15 allegedly -- I have the same problem with this that I
16 had with the defamation. You can replead it. But you
17 haven't identified any specific business opportunity
18 for which he interfered with. You haven't identified
19 who she allegedly sent any of this stuff to.
20 MR. KRUZHKOV: If that's the same issue as
21 before, your Honor, we can replead and provide names.
22 THE COURT: For now it's dismissed with leave.
23 MR. KRUZHKOV: Thank you. Do we have leave to
24 replead, your Honor?
25 THE COURT: Yes.
Anthony Armstrong, Official Court Reporter
FILED: NEW YORK COUNTY CLERK 09/16/2019 05:26 PM INDEX NO. 652352/2018
NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 09/16/2019
25
Argument
1 The unjust enrichment is sort of, you know,
2 quantum meruit. Unjust enrichment is sort of when you
3 don't have a basis upon which to find the -- to allow
4 the defendant in the action to keep whatever benefit
5 they have received, it's unjust to do it.
6 I am dismissing this. This to me seems
7 duplicative of the first cause of action and the
8 conversion claim. I don't see it as a separate --
9 MR. KRUZHKOV: Do we have permission to replead?
10 THE COURT: Not this one, no.
11 MR. KRUZHKOV: Thank you, your Honor.
12 THE COURT: I think I have already addressed
13 No. 6. But that's leave to renew on six.
14 MR. KRUZHKOV: Your Honor is dismissing No. 6?
15 THE COURT: I am, with leave to renew as it
16 relates to the tortious interference claim. It's the
17 lack of specificity that's required by 3016.
18 MR. KRUZHKOV: Thank you, your Honor.
19 THE COURT: Let's talk about cause of action
20 No. 7, this alleged violation of 18 US 2701 as it
21 relates to the emails where there is a lot of
22 documentary evidence on this one about asking Ms.
23 Burbacki to go through her email accounts and look for
24 things in the email accounts. I'll hear it.
25 MR. NEUMAN: So their allegation in the
Anthony Armstrong, Official Court Reporter
Document Filed Date
September 16, 2019
Case Filing Date
May 11, 2018
Category
Commercial Division
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Preview
FILED: NEW YORK COUNTY CLERK 09/16/2019 05:26 PM INDEX NO. 652352/2018 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 09/16/2019 1 1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK - CIVIL TERM - PART 53 2 -------------------------------X WIKKED ENTERTAINMENT, INC., and 3 STELLA STOLPER, 4 Plaintiff 5 v. Index No. 652252/2018 6 ZARINA BURBACKI and YONATAN SHIMRONY, 7 Defendants. 8 -------------------------------X 60 Centre Street 9 New York, New York February 13, 2019 10 11 B E F O R E: 12 H O N O R A B L E A N D R E W B O R R O K, 13 Justice 14 A P P E A R A N C E S: 15 KRUZHKOV RUSSO, PLLC The Empire State Building 16 350 Fifth Avenue New York, New York 10118 17 BY: MARLEN KRUZHKOV, ESQ., Attorneys for Plaintiff 18 JONATHAN E. NEUMAN, ESQ. 19 176-25 Union Turnpike, Suite 230 Fresh Meadows, New York 11366 20 Attorneys for Defendants 21 22 23 Reported by: Anthony Armstrong, Official Court Reporter 24 25 Anthony Armstrong, Official Court Reporter FILED: NEW YORK COUNTY CLERK 09/16/2019 05:26 PM INDEX NO. 652352/2018 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 09/16/2019 17 Argument 1 injury. 2 That's the Amron case. That's the First 3 Department case. That's what sets the standards. 4 When the tortious interference is based on 5 defamation, pleading in accordance with the heightened 6 requirements under 3016 of the CPLR are required. "To 7 wit, it's necessary to allege a time, place, manner of 8 the false statement and to whom it was made." That's 9 Dillon versus City of New York. That's another First 10 Department case from 1999. 11 The complaint contains general allegations. It 12 doesn't properly identify the business relationship or 13 otherwise alleged to whom it was made. So I am 14 dismissing the tortious interference claim at this 15 time with leave to replead it if the heightened 16 pleading standards can be met. But at this stage of 17 the pleadings and based on what the complaint says, 18 it's dismissed. 19 MR. KRUZHKOV: Thank you, your Honor. 20 THE COURT: No. 3. 21 MR. NEUMAN: No. 3 is a breach of fiduciary 22 claim that's premised on the same exact facts and 23 damages of the conversion claim. And under the first 24 department, we have cited therefore it has to be 25 dismissed as duplicative. They argue you are allowed Anthony Armstrong, Official Court Reporter FILED: NEW YORK COUNTY CLERK 09/16/2019 05:26 PM INDEX NO. 652352/2018 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 09/16/2019 23 Argument 1 they repeated the falsities they have been spreading 2 about Ms. Stolper concerning her purported 3 self-dealing and theft and impinged her character and 4 intentions of talent manager." 5 Paragraph 45. "Upon information and belief at 6 that meeting, Burbacki shared an illegally-recorded 7 telephone call between her and Ms. Stolper which was 8 taken out of context to support her false, misleading 9 and defamatory statements." 10 Paragraph 46. "Information -- 11 THE COURT: Okay. Wait. So I don't see 12 anything. And this is what my problem was with this, 13 which identifies the business opportunity in the sense 14 that I don't know who any of this stuff was 15 allegedly -- I have the same problem with this that I 16 had with the defamation. You can replead it. But you 17 haven't identified any specific business opportunity 18 for which he interfered with. You haven't identified 19 who she allegedly sent any of this stuff to. 20 MR. KRUZHKOV: If that's the same issue as 21 before, your Honor, we can replead and provide names. 22 THE COURT: For now it's dismissed with leave. 23 MR. KRUZHKOV: Thank you. Do we have leave to 24 replead, your Honor? 25 THE COURT: Yes. Anthony Armstrong, Official Court Reporter FILED: NEW YORK COUNTY CLERK 09/16/2019 05:26 PM INDEX NO. 652352/2018 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 09/16/2019 25 Argument 1 The unjust enrichment is sort of, you know, 2 quantum meruit. Unjust enrichment is sort of when you 3 don't have a basis upon which to find the -- to allow 4 the defendant in the action to keep whatever benefit 5 they have received, it's unjust to do it. 6 I am dismissing this. This to me seems 7 duplicative of the first cause of action and the 8 conversion claim. I don't see it as a separate -- 9 MR. KRUZHKOV: Do we have permission to replead? 10 THE COURT: Not this one, no. 11 MR. KRUZHKOV: Thank you, your Honor. 12 THE COURT: I think I have already addressed 13 No. 6. But that's leave to renew on six. 14 MR. KRUZHKOV: Your Honor is dismissing No. 6? 15 THE COURT: I am, with leave to renew as it 16 relates to the tortious interference claim. It's the 17 lack of specificity that's required by 3016. 18 MR. KRUZHKOV: Thank you, your Honor. 19 THE COURT: Let's talk about cause of action 20 No. 7, this alleged violation of 18 US 2701 as it 21 relates to the emails where there is a lot of 22 documentary evidence on this one about asking Ms. 23 Burbacki to go through her email accounts and look for 24 things in the email accounts. I'll hear it. 25 MR. NEUMAN: So their allegation in the Anthony Armstrong, Official Court Reporter