On May 11, 2018 a
Motion-Secondary
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 10/25/2021 05:50 PM INDEX NO. 652352/2018
NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 10/25/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--------------------------------------------------------------------X
STELLA STOLPER, Index No. 652352/2018
Plaintiff, AFFIDAVIT IN SUPPORT
-vs-
Motion Sequence No. 11
ZARINA BURBACKI, Justice Assigned:
Defendant. Hon. Andrew S Borrok, Esq.
--------------------------------------------------------------------X
State of New York )
) ss:
County of Queens )
ZARINA BURBACKI, being duly sworn deposes and says:
1. I am the Defendant and Counterclaimant in the above-captioned action. I make
this affidavit in support of my instant motion to strike Plaintiff’s complaint for her
tampering with evidence. I am fully familiar with all of the facts and circumstances
relevant to a proper determination of this matter.
2. Upon going through the text messages that Plaintiff had turned over in discovery,
I noticed that a few of them contained an instruction from Plaintiff to the group chat to
stop talking about what the group was talking about. These seemed strange to me,
because Plaintiff was an active participant in these types of conversations and had never
issued that instruction.
3. I pointed out to my attorney my belief that these text messages had been tampered
with. My attorney then realized that text had in fact been added to the text messages to
make them appear as part of the original conversation.
4. Plaintiff’s clear willingness to tamper with evidence calls into question her entire
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FILED: NEW YORK COUNTY CLERK 10/25/2021 05:50 PM INDEX NO. 652352/2018
NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 10/25/2021
production. If Plaintiff was willing to tamper with these documents, which of her other
documents were tampered with and/or not produced?
5. Plaintiff has made abhorrent and false accusations against me in this case to try to
lash out at me and harm me because she was fired by Mariah Carey. Her detestable
claims should not be allowed to stand when it is clear that Plaintiff is willing to cheat, lie,
and spoliate evidence to try to get an advantage in this litigation.
WHEREFORE, for all of the foregoing reasons, it is respectfully prayed that
Defendant’s motion be granted in its entirety, together with such other, further and
different relief as to the Court may seem just and proper.
______________________________
ZARINA BURBACKI
Signed and sworn to before me
this 25th day of October 2021.
________________________
NOTARY PUBLIC
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Document Filed Date
October 25, 2021
Case Filing Date
May 11, 2018
Category
Commercial Division
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FILED: NEW YORK COUNTY CLERK 10/25/2021 05:50 PM INDEX NO. 652352/2018 NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 10/25/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------------------X STELLA STOLPER, Index No. 652352/2018 Plaintiff, AFFIDAVIT IN SUPPORT -vs- Motion Sequence No. 11 ZARINA BURBACKI, Justice Assigned: Defendant. Hon. Andrew S Borrok, Esq. --------------------------------------------------------------------X State of New York ) ) ss: County of Queens ) ZARINA BURBACKI, being duly sworn deposes and says: 1. I am the Defendant and Counterclaimant in the above-captioned action. I make this affidavit in support of my instant motion to strike Plaintiff’s complaint for her tampering with evidence. I am fully familiar with all of the facts and circumstances relevant to a proper determination of this matter. 2. Upon going through the text messages that Plaintiff had turned over in discovery, I noticed that a few of them contained an instruction from Plaintiff to the group chat to stop talking about what the group was talking about. These seemed strange to me, because Plaintiff was an active participant in these types of conversations and had never issued that instruction. 3. I pointed out to my attorney my belief that these text messages had been tampered with. My attorney then realized that text had in fact been added to the text messages to make them appear as part of the original conversation. 4. Plaintiff’s clear willingness to tamper with evidence calls into question her entire Page 1 of 2 1 of 2 FILED: NEW YORK COUNTY CLERK 10/25/2021 05:50 PM INDEX NO. 652352/2018 NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 10/25/2021 production. If Plaintiff was willing to tamper with these documents, which of her other documents were tampered with and/or not produced? 5. Plaintiff has made abhorrent and false accusations against me in this case to try to lash out at me and harm me because she was fired by Mariah Carey. Her detestable claims should not be allowed to stand when it is clear that Plaintiff is willing to cheat, lie, and spoliate evidence to try to get an advantage in this litigation. WHEREFORE, for all of the foregoing reasons, it is respectfully prayed that Defendant’s motion be granted in its entirety, together with such other, further and different relief as to the Court may seem just and proper. ______________________________ ZARINA BURBACKI Signed and sworn to before me this 25th day of October 2021. ________________________ NOTARY PUBLIC Page 2 of 2 2 of 2