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FILED: NEW YORK COUNTY CLERK 05/13/2022 05:05 PM INDEX NO. 652352/2018
NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 05/13/2022
EXHIBIT D
FILED: NEW YORK COUNTY CLERK 05/13/2022 05:05 PM INDEX NO. 652352/2018
NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 05/13/2022
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2 SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
3 ------------------------------------------X
STELLA STOLPER,
4
PLAINTIFF,
5
-against- Index No.:
6 652352/2018
7 ZARINA BURBACKI,
8 DEFENDANT.
------------------------------------------X
9
10 DATE: January 17, 2022
11 TIME: 10:35 A.M.
12
13
14 EXAMINATION BEFORE TRIAL of the
15 Defendant ZARINA BURBACKI, taken by the
16 Plaintiff, pursuant to a Notice, held via
17 Veritext Virtual Zoom on the above date and
18 time, before Cathy Leone, a Notary Public
19 of the State of New York.
20
21
22
23
24
25
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NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 05/13/2022
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2 A P P E A R A N C E S:
3
4 RUSSO PLLC
Attorneys for the Plaintiff
5 STELLA STOLPER
350 Fifth Avenue, Suite 7230
6 New York, New York 10118
BY: MARTIN P. RUSSO, ESQ.
7 martin@russopllc.com
and RACINE RAMHURRY, ESQ.
8 Racine@russopllc.com
9
10 JONATHAN E. NEUMAN LAW OFFICE
Attorneys for the Defendant
11 ZARINA BURBACKI and YONATAN SHIMRONI
176-25 Union Turnpike, Suite 230
12 Fresh Meadows, New York 11366
BY: JONATHAN E. NEUMAN, ESQ.
13 jnesq@jenesqlaw.com
14
15 * * *
16
17
18
19
20
21
22
23
24
25
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1 Z. BURBACKI
2 A. It has.
3 Q. Where is your IOLTA account
4 held?
5 A. Chase Bank.
6 Q. Has it been there since the
7 beginning of your practice?
8 A. It has.
9 Q. Did you ever have any other
10 accounts affiliated with your practice that
11 no longer exist?
12 A. No.
13 Q. Do you also keep your personal
14 account at Chase Bank?
15 A. Yes.
16 Q. How many personal accounts do
17 you have?
18 A. One.
19 MR. RUSSO: We will mark this
20 confidential, by the way.
21 THE WITNESS: Thank you.
22 Q. Do you know the last four
23 digits of that bank account?
24 A. My personal bank account?
25 Q. Yes.
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1 Z. BURBACKI
2 A. I would have to ask my husband.
3 I can find out, but no, I don't know it off
4 the top of my head.
5 MR. RUSSO: We make the request
6 for just the last four digits and we
7 will keep it confidential. Actually,
8 we will make it Attorneys Eyes Only.
9 Q. Let's continue with your work
10 history.
11 So you began working as a
12 lawyer in 2014. After 2014, did you ever
13 work for anyone else?
14 A. Before this case?
15 Q. When you say before this case,
16 do you mean the filing of this case?
17 A. Before I started working for
18 Mariah or --
19 Q. I'm not going to testify for
20 you, so yeah.
21 A. I did not work for any other
22 law firm after I worked for that firm.
23 Q. So it is the only law firm you
24 worked for, but did you ever have any
25 outside activities, any other employment
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1 Z. BURBACKI
2 A. Yes.
3 Q. Does it include entries for
4 every dollar that comes in and every dollar
5 that goes out?
6 A. Yes.
7 Q. Is it just one file?
8 A. It is one file per client.
9 Q. So you have such a file for
10 Stella?
11 A. Well, Stella was not a legal
12 client. She was not a client that -- I
13 acted as her escrowee, I thought at the
14 time, but yes, I did have a list of what
15 went in for Stella and what came out for
16 Stella and I shared it with her.
17 Q. Do you still have that Excel
18 spreadsheet?
19 A. I believe we turned that over,
20 whatever I had had been turned over.
21 Q. So I'm asking as you sit here
22 today, do you still have an electronic file
23 which shows the ins and outs of money into
24 your escrow account that related to Stella?
25 A. Yes, I believe so, yes.
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1 Z. BURBACKI
2 writing as a firm policy?
3 A. Yes, I believe so.
4 Q. Do you ever make any cash
5 withdrawals from your escrow account?
6 A. No.
7 Q. Would it be fairly easy for you
8 to go through the escrow account statements
9 for 2016 and 2017 and to redact information
10 that related only to other clients?
11 A. I don't know if I would say it
12 would be fairly easy. It is doable. I
13 have done it.
14 Q. When did you do it? You have
15 done it?
16 A. I believe I did that to turn
17 over as was requested by your firm.
18 Q. I don't believe we have all of
19 the statements for 2016 and 2017. Do you
20 have an objection to providing those?
21 A. I have no objection to
22 providing what is necessary to provide in
23 this litigation.
24 MR. RUSSO: Okay. We request
25 production of all of the statements
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1 Z. BURBACKI
2 Q. Okay. Well, do you know
3 whether or not as of January 27, 2016 there
4 was $364,750 in your escrow for Stella?
5 A. I don't know. I would have to
6 look at those records. That's what it says
7 on this purported e-mail, but as I'm
8 sitting here now, I don't know that that is
9 the number.
10 MR. RUSSO: You didn't produce
11 that record or at least we didn't
12 find it. If it was produced, I ask
13 for the Bates stamp number.
14 Otherwise, I ask for you to produce
15 that record that verifies the amount.
16 THE WITNESS: Okay.
17 Q. Do you see it says "Breakdown"
18 and it says "$72,200, Aussie Chris. Gift"?
19 A. Yes.
20 Q. What does that mean?
21 A. I believe that Stella was given
22 a necklace or she was given money to
23 purchase a necklace and that was from, I
24 think, James Packer and she asked me to
25 invoice him, so I did and he sent that
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1 Z. BURBACKI
2 Chase checking account that we opened for
3 Stella.
4 Q. Well, if you look down at April
5 14th, do you see there is a transfer to
6 checking 7225, 900 and 300?
7 A. Yes.
8 Q. Is that Stella's account, 7225?
9 A. I don't remember, but I do
10 remember 900 and 300,000 going for Stella.
11 I don't know if that -- looking at this, I
12 don't know if this is her accountant or if
13 it was to her, but it was related to her
14 for something.
15 Q. Would you have the records
16 relating to the May 16, 2017 transfer?
17 A. May 16, 2017 transfer?
18 Q. Of 150,000.
19 A. I should.
20 MR. RUSSO: I call for
21 production of those.
22 MR. NEUMAN: Take it under
23 advisement.
24 Q. As you sit here today, you
25 don't know who that money went to?
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1 Z. BURBACKI
2 A. No, I do not know.
3 Q. Take a look at April 18th. Do
4 you see there is a withdrawal of $100,000?
5 A. I do, yes.
6 Q. What was that all about?
7 A. I believe that in April -- I'm
8 trying to think. I remember that there was
9 a time where Stella opened two Chase
10 accounts and she put 50,000 in one and
11 50,000 in another. I don't remember if
12 that transaction is related to it, but she
13 wanted to open up those two accounts and
14 50,000 went to each of those, but I don't
15 know that it was taken out as 100,000 and
16 then given separately or if it was -- I
17 don't remember how it was taken out.
18 Q. So would you have records of
19 the withdrawal?
20 A. Yes.
21 MR. RUSSO: I call for
22 production of those records.
23 MR. NEUMAN: Take it under
24 advisement.
25 Q. Now, turning to April 13, 2017,
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1 Z. BURBACKI
2 looked like this. I just don't know if
3 this was the specific one that I did. I
4 think so.
5 Q. Do you see in the middle of the
6 first page it says deductions?
7 A. Yes, I do.
8 Q. Underneath that, some are in
9 black and some are in red, but they are all
10 deductions, right?
11 A. Uh-huh.
12 Q. Referring you down to the dates
13 4/13 --
14 A. Yes.
15 Q. Do you see that you describe
16 the $125,000 transfer as a transfer to
17 Chase Stella Wikked?
18 A. I see that that's written here.
19 Q. Why did you not describe it as
20 a transfer to you?
21 A. I don't know that I didn't. I
22 don't know that this is how I sent that to
23 her. If it is, it is a mistake.
24 Q. I'm sorry?
25 A. If it is, then that's a
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NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 05/13/2022
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1 Z. BURBACKI
2 mistake.
3 Q. Okay. Then below that you say
4 on 4/13 there was a transfer to Chase
5 Stella Wikked for $25,000, as well. Is
6 that also a mistake?
7 A. If this is -- I mean it may
8 have been a copy and paste. It looks like
9 the same thing for those four transactions,
10 so it may have been, but we sat and went
11 through the account itself, so she would
12 know that that would not be the case if I
13 improperly wrote this or accidentally just
14 copy and pasted it this way.
15 Q. I see. Do you see that there
16 is $100,000 reflected there as being a
17 transfer to Chase Stella Wikked, as well?
18 A. For what date?
19 Q. 4/13.
20 A. I do.
21 Q. Is that the withdrawal of 4/18?
22 A. I don't understand.
23 Q. Do you remember we looked at a
24 withdrawal of $100,000 on 4/18? Why isn't
25 it listed here as a withdrawal on 4/18? If
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1 Z. BURBACKI
2 you want, you can go back and look at ZB5.
3 A. One second. I don't know why
4 that would be 4/18 verses 4/13, but it
5 looks like it might be related to the same
6 transaction. I don't know. I just know
7 that it looks like it was all on the same
8 date, 4/13. That makes sense. I remember
9 coming back to New York for 4/12 actually
10 for my mother's birthday and going to the
11 bank the next day and whatever was
12 outstanding I needed to do that day, so I
13 think I made a ledger, what I did that day,
14 but how it manifested in the accounts, I
15 don't know why it would be different -- I
16 mean it would be pending or whatever needed
17 to be pending. I don't know.
18 Q. So would you have the bank
19 documentation for all of these
20 transactions?
21 A. I should. I believe I turned
22 that over.
23 MR. RUSSO: I request
24 production, please.
25 MR. NEUMAN: Take it under
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1 Z. BURBACKI
2 Thursday in 2017.
3 A. I will take your representation
4 then.
5 Q. Take a look at ZB8, please.
6 A. Okay.
7 Q. Did you redact ZB8?
8 A. I did redact ZB8.
9 Q. Why did you redact all of the
10 information about amounts in the account
11 that would not have been sensitive?
12 A. I provided information that was
13 requested, which was related to Stella's
14 funds in my account and that was related to
15 a transfer. The 350,000 was transferred to
16 Stella's Chase account, so that was what
17 was relevant to the discovery request.
18 Q. Was the $150,000 still sitting
19 in the account when you transferred this
20 350,000?
21 A. I believe it was, yes.
22 Q. Would it be reflected anywhere
23 in this statement?
24 A. It probably would be, yes.
25 MR. RUSSO: I request that the
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1 Z. BURBACKI
2 statement be produced unredacted
3 except to not disclose client
4 specific information like identity.
5 MR. NEUMAN: Take it under
6 advisement.
7 MR. RUSSO: Let's do one more
8 and then we will break for a quick
9 lunch.
10 Racine, can you please load
11 ZB9?
12 (Whereupon, Law Offices of
13 Jonathan E. Neuman letter dated Oct.
14 29, 2017 was marked as Exhibit ZB9
15 for identification as of this date
16 through Exhibit Share.)
17 Q. Have you ever seen this --
18 A. It is still loading. Okay.
19 I'm looking at it.
20 Q. Do you know what this is?
21 A. Yes.
22 Q. Have seen it before?
23 A. Yes.
24 Q. Did you see it at or about the
25 time that it was sent?
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1 Z. BURBACKI
2 account?
3 A. I was not holding Stella's
4 funds in my escrow account.
5 Q. At this point in time, were you
6 holding any other funds other than the
7 $150,000?
8 A. I don't know off the top of my
9 head.
10 Q. Why is it you redacted this so
11 heavily?
12 A. What is redacted is anything
13 that is not relevant and that is
14 confidential that has nothing to do with
15 this case.
16 Q. Well, you clearly redacted
17 things that were not confidential like the
18 amount of fees that the lawyer's trust
19 charged, right, the interest that it took,
20 the bank fee?
21 A. Well, that has nothing to do
22 with your request.
23 MR. RUSSO: I call for
24 production of an unredacted copy of
25 ZB12.
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1 Z. BURBACKI
2 what you are saying?
3 A. Yes.
4 Q. All of that would be reflected
5 on this master escrow Excel spreadsheet
6 that you have, right?
7 A. I don't know what you mean by
8 master.
9 Q. Don't you have one Excel
10 spreadsheet that starts at the beginning
11 and runs all the way to the end of Stella's
12 position of the escrow account?
13 A. I have a ledger of what came in
14 for Stella and what went out for Stella.
15 Q. Is that ledger in electronic
16 form or paper form?
17 A. In electronic form.
18 Q. So it is a file.
19 MR. RUSSO: We call for
20 production of that file.
21 MR. NEUMAN: Take it under
22 advisement.
23 MR. RUSSO: Racine, could you
24 load 17, 18 and 19, please?
25 (Whereupon, Document Bates
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NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 05/13/2022
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FILED: NEW YORK COUNTY CLERK 05/13/2022 05:05 PM INDEX NO. 652352/2018 NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 05/13/2022 EXHIBIT D FILED: NEW YORK COUNTY CLERK 05/13/2022 05:05 PM INDEX NO. 652352/2018 NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 05/13/2022 Page 1 1 2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK 3 ------------------------------------------X STELLA STOLPER, 4 PLAINTIFF, 5 -against- Index No.: 6 652352/2018 7 ZARINA BURBACKI, 8 DEFENDANT. ------------------------------------------X 9 10 DATE: January 17, 2022 11 TIME: 10:35 A.M. 12 13 14 EXAMINATION BEFORE TRIAL of the 15 Defendant ZARINA BURBACKI, taken by the 16 Plaintiff, pursuant to a Notice, held via 17 Veritext Virtual Zoom on the above date and 18 time, before Cathy Leone, a Notary Public 19 of the State of New York. 20 21 22 23 24 25 Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: NEW YORK COUNTY CLERK 05/13/2022 05:05 PM INDEX NO. 652352/2018 NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 05/13/2022 Page 2 1 2 A P P E A R A N C E S: 3 4 RUSSO PLLC Attorneys for the Plaintiff 5 STELLA STOLPER 350 Fifth Avenue, Suite 7230 6 New York, New York 10118 BY: MARTIN P. RUSSO, ESQ. 7 martin@russopllc.com and RACINE RAMHURRY, ESQ. 8 Racine@russopllc.com 9 10 JONATHAN E. NEUMAN LAW OFFICE Attorneys for the Defendant 11 ZARINA BURBACKI and YONATAN SHIMRONI 176-25 Union Turnpike, Suite 230 12 Fresh Meadows, New York 11366 BY: JONATHAN E. NEUMAN, ESQ. 13 jnesq@jenesqlaw.com 14 15 * * * 16 17 18 19 20 21 22 23 24 25 Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: NEW YORK COUNTY CLERK 05/13/2022 05:05 PM INDEX NO. 652352/2018 NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 05/13/2022 Page 27 1 Z. BURBACKI 2 A. It has. 3 Q. Where is your IOLTA account 4 held? 5 A. Chase Bank. 6 Q. Has it been there since the 7 beginning of your practice? 8 A. It has. 9 Q. Did you ever have any other 10 accounts affiliated with your practice that 11 no longer exist? 12 A. No. 13 Q. Do you also keep your personal 14 account at Chase Bank? 15 A. Yes. 16 Q. How many personal accounts do 17 you have? 18 A. One. 19 MR. RUSSO: We will mark this 20 confidential, by the way. 21 THE WITNESS: Thank you. 22 Q. Do you know the last four 23 digits of that bank account? 24 A. My personal bank account? 25 Q. Yes. Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: NEW YORK COUNTY CLERK 05/13/2022 05:05 PM INDEX NO. 652352/2018 NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 05/13/2022 Page 28 1 Z. BURBACKI 2 A. I would have to ask my husband. 3 I can find out, but no, I don't know it off 4 the top of my head. 5 MR. RUSSO: We make the request 6 for just the last four digits and we 7 will keep it confidential. Actually, 8 we will make it Attorneys Eyes Only. 9 Q. Let's continue with your work 10 history. 11 So you began working as a 12 lawyer in 2014. After 2014, did you ever 13 work for anyone else? 14 A. Before this case? 15 Q. When you say before this case, 16 do you mean the filing of this case? 17 A. Before I started working for 18 Mariah or -- 19 Q. I'm not going to testify for 20 you, so yeah. 21 A. I did not work for any other 22 law firm after I worked for that firm. 23 Q. So it is the only law firm you 24 worked for, but did you ever have any 25 outside activities, any other employment Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: NEW YORK COUNTY CLERK 05/13/2022 05:05 PM INDEX NO. 652352/2018 NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 05/13/2022 Page 57 1 Z. BURBACKI 2 A. Yes. 3 Q. Does it include entries for 4 every dollar that comes in and every dollar 5 that goes out? 6 A. Yes. 7 Q. Is it just one file? 8 A. It is one file per client. 9 Q. So you have such a file for 10 Stella? 11 A. Well, Stella was not a legal 12 client. She was not a client that -- I 13 acted as her escrowee, I thought at the 14 time, but yes, I did have a list of what 15 went in for Stella and what came out for 16 Stella and I shared it with her. 17 Q. Do you still have that Excel 18 spreadsheet? 19 A. I believe we turned that over, 20 whatever I had had been turned over. 21 Q. So I'm asking as you sit here 22 today, do you still have an electronic file 23 which shows the ins and outs of money into 24 your escrow account that related to Stella? 25 A. Yes, I believe so, yes. Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: NEW YORK COUNTY CLERK 05/13/2022 05:05 PM INDEX NO. 652352/2018 NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 05/13/2022 Page 59 1 Z. BURBACKI 2 writing as a firm policy? 3 A. Yes, I believe so. 4 Q. Do you ever make any cash 5 withdrawals from your escrow account? 6 A. No. 7 Q. Would it be fairly easy for you 8 to go through the escrow account statements 9 for 2016 and 2017 and to redact information 10 that related only to other clients? 11 A. I don't know if I would say it 12 would be fairly easy. It is doable. I 13 have done it. 14 Q. When did you do it? You have 15 done it? 16 A. I believe I did that to turn 17 over as was requested by your firm. 18 Q. I don't believe we have all of 19 the statements for 2016 and 2017. Do you 20 have an objection to providing those? 21 A. I have no objection to 22 providing what is necessary to provide in 23 this litigation. 24 MR. RUSSO: Okay. We request 25 production of all of the statements Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: NEW YORK COUNTY CLERK 05/13/2022 05:05 PM INDEX NO. 652352/2018 NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 05/13/2022 Page 63 1 Z. BURBACKI 2 Q. Okay. Well, do you know 3 whether or not as of January 27, 2016 there 4 was $364,750 in your escrow for Stella? 5 A. I don't know. I would have to 6 look at those records. That's what it says 7 on this purported e-mail, but as I'm 8 sitting here now, I don't know that that is 9 the number. 10 MR. RUSSO: You didn't produce 11 that record or at least we didn't 12 find it. If it was produced, I ask 13 for the Bates stamp number. 14 Otherwise, I ask for you to produce 15 that record that verifies the amount. 16 THE WITNESS: Okay. 17 Q. Do you see it says "Breakdown" 18 and it says "$72,200, Aussie Chris. Gift"? 19 A. Yes. 20 Q. What does that mean? 21 A. I believe that Stella was given 22 a necklace or she was given money to 23 purchase a necklace and that was from, I 24 think, James Packer and she asked me to 25 invoice him, so I did and he sent that Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: NEW YORK COUNTY CLERK 05/13/2022 05:05 PM INDEX NO. 652352/2018 NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 05/13/2022 Page 88 1 Z. BURBACKI 2 Chase checking account that we opened for 3 Stella. 4 Q. Well, if you look down at April 5 14th, do you see there is a transfer to 6 checking 7225, 900 and 300? 7 A. Yes. 8 Q. Is that Stella's account, 7225? 9 A. I don't remember, but I do 10 remember 900 and 300,000 going for Stella. 11 I don't know if that -- looking at this, I 12 don't know if this is her accountant or if 13 it was to her, but it was related to her 14 for something. 15 Q. Would you have the records 16 relating to the May 16, 2017 transfer? 17 A. May 16, 2017 transfer? 18 Q. Of 150,000. 19 A. I should. 20 MR. RUSSO: I call for 21 production of those. 22 MR. NEUMAN: Take it under 23 advisement. 24 Q. As you sit here today, you 25 don't know who that money went to? Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: NEW YORK COUNTY CLERK 05/13/2022 05:05 PM INDEX NO. 652352/2018 NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 05/13/2022 Page 89 1 Z. BURBACKI 2 A. No, I do not know. 3 Q. Take a look at April 18th. Do 4 you see there is a withdrawal of $100,000? 5 A. I do, yes. 6 Q. What was that all about? 7 A. I believe that in April -- I'm 8 trying to think. I remember that there was 9 a time where Stella opened two Chase 10 accounts and she put 50,000 in one and 11 50,000 in another. I don't remember if 12 that transaction is related to it, but she 13 wanted to open up those two accounts and 14 50,000 went to each of those, but I don't 15 know that it was taken out as 100,000 and 16 then given separately or if it was -- I 17 don't remember how it was taken out. 18 Q. So would you have records of 19 the withdrawal? 20 A. Yes. 21 MR. RUSSO: I call for 22 production of those records. 23 MR. NEUMAN: Take it under 24 advisement. 25 Q. Now, turning to April 13, 2017, Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: NEW YORK COUNTY CLERK 05/13/2022 05:05 PM INDEX NO. 652352/2018 NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 05/13/2022 Page 102 1 Z. BURBACKI 2 looked like this. I just don't know if 3 this was the specific one that I did. I 4 think so. 5 Q. Do you see in the middle of the 6 first page it says deductions? 7 A. Yes, I do. 8 Q. Underneath that, some are in 9 black and some are in red, but they are all 10 deductions, right? 11 A. Uh-huh. 12 Q. Referring you down to the dates 13 4/13 -- 14 A. Yes. 15 Q. Do you see that you describe 16 the $125,000 transfer as a transfer to 17 Chase Stella Wikked? 18 A. I see that that's written here. 19 Q. Why did you not describe it as 20 a transfer to you? 21 A. I don't know that I didn't. I 22 don't know that this is how I sent that to 23 her. If it is, it is a mistake. 24 Q. I'm sorry? 25 A. If it is, then that's a Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: NEW YORK COUNTY CLERK 05/13/2022 05:05 PM INDEX NO. 652352/2018 NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 05/13/2022 Page 103 1 Z. BURBACKI 2 mistake. 3 Q. Okay. Then below that you say 4 on 4/13 there was a transfer to Chase 5 Stella Wikked for $25,000, as well. Is 6 that also a mistake? 7 A. If this is -- I mean it may 8 have been a copy and paste. It looks like 9 the same thing for those four transactions, 10 so it may have been, but we sat and went 11 through the account itself, so she would 12 know that that would not be the case if I 13 improperly wrote this or accidentally just 14 copy and pasted it this way. 15 Q. I see. Do you see that there 16 is $100,000 reflected there as being a 17 transfer to Chase Stella Wikked, as well? 18 A. For what date? 19 Q. 4/13. 20 A. I do. 21 Q. Is that the withdrawal of 4/18? 22 A. I don't understand. 23 Q. Do you remember we looked at a 24 withdrawal of $100,000 on 4/18? Why isn't 25 it listed here as a withdrawal on 4/18? If Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: NEW YORK COUNTY CLERK 05/13/2022 05:05 PM INDEX NO. 652352/2018 NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 05/13/2022 Page 104 1 Z. BURBACKI 2 you want, you can go back and look at ZB5. 3 A. One second. I don't know why 4 that would be 4/18 verses 4/13, but it 5 looks like it might be related to the same 6 transaction. I don't know. I just know 7 that it looks like it was all on the same 8 date, 4/13. That makes sense. I remember 9 coming back to New York for 4/12 actually 10 for my mother's birthday and going to the 11 bank the next day and whatever was 12 outstanding I needed to do that day, so I 13 think I made a ledger, what I did that day, 14 but how it manifested in the accounts, I 15 don't know why it would be different -- I 16 mean it would be pending or whatever needed 17 to be pending. I don't know. 18 Q. So would you have the bank 19 documentation for all of these 20 transactions? 21 A. I should. I believe I turned 22 that over. 23 MR. RUSSO: I request 24 production, please. 25 MR. NEUMAN: Take it under Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: NEW YORK COUNTY CLERK 05/13/2022 05:05 PM INDEX NO. 652352/2018 NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 05/13/2022 Page 106 1 Z. BURBACKI 2 Thursday in 2017. 3 A. I will take your representation 4 then. 5 Q. Take a look at ZB8, please. 6 A. Okay. 7 Q. Did you redact ZB8? 8 A. I did redact ZB8. 9 Q. Why did you redact all of the 10 information about amounts in the account 11 that would not have been sensitive? 12 A. I provided information that was 13 requested, which was related to Stella's 14 funds in my account and that was related to 15 a transfer. The 350,000 was transferred to 16 Stella's Chase account, so that was what 17 was relevant to the discovery request. 18 Q. Was the $150,000 still sitting 19 in the account when you transferred this 20 350,000? 21 A. I believe it was, yes. 22 Q. Would it be reflected anywhere 23 in this statement? 24 A. It probably would be, yes. 25 MR. RUSSO: I request that the Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: NEW YORK COUNTY CLERK 05/13/2022 05:05 PM INDEX NO. 652352/2018 NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 05/13/2022 Page 107 1 Z. BURBACKI 2 statement be produced unredacted 3 except to not disclose client 4 specific information like identity. 5 MR. NEUMAN: Take it under 6 advisement. 7 MR. RUSSO: Let's do one more 8 and then we will break for a quick 9 lunch. 10 Racine, can you please load 11 ZB9? 12 (Whereupon, Law Offices of 13 Jonathan E. Neuman letter dated Oct. 14 29, 2017 was marked as Exhibit ZB9 15 for identification as of this date 16 through Exhibit Share.) 17 Q. Have you ever seen this -- 18 A. It is still loading. Okay. 19 I'm looking at it. 20 Q. Do you know what this is? 21 A. Yes. 22 Q. Have seen it before? 23 A. Yes. 24 Q. Did you see it at or about the 25 time that it was sent? Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: NEW YORK COUNTY CLERK 05/13/2022 05:05 PM INDEX NO. 652352/2018 NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 05/13/2022 Page 125 1 Z. BURBACKI 2 account? 3 A. I was not holding Stella's 4 funds in my escrow account. 5 Q. At this point in time, were you 6 holding any other funds other than the 7 $150,000? 8 A. I don't know off the top of my 9 head. 10 Q. Why is it you redacted this so 11 heavily? 12 A. What is redacted is anything 13 that is not relevant and that is 14 confidential that has nothing to do with 15 this case. 16 Q. Well, you clearly redacted 17 things that were not confidential like the 18 amount of fees that the lawyer's trust 19 charged, right, the interest that it took, 20 the bank fee? 21 A. Well, that has nothing to do 22 with your request. 23 MR. RUSSO: I call for 24 production of an unredacted copy of 25 ZB12. Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: NEW YORK COUNTY CLERK 05/13/2022 05:05 PM INDEX NO. 652352/2018 NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 05/13/2022 Page 141 1 Z. BURBACKI 2 what you are saying? 3 A. Yes. 4 Q. All of that would be reflected 5 on this master escrow Excel spreadsheet 6 that you have, right? 7 A. I don't know what you mean by 8 master. 9 Q. Don't you have one Excel 10 spreadsheet that starts at the beginning 11 and runs all the way to the end of Stella's 12 position of the escrow account? 13 A. I have a ledger of what came in 14 for Stella and what went out for Stella. 15 Q. Is that ledger in electronic 16 form or paper form? 17 A. In electronic form. 18 Q. So it is a file. 19 MR. RUSSO: We call for 20 production of that file. 21 MR. NEUMAN: Take it under 22 advisement. 23 MR. RUSSO: Racine, could you 24 load 17, 18 and 19, please? 25 (Whereupon, Document Bates Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: NEW YORK COUNTY CLERK 05/13/2022 05:05 PM INDEX NO. 652352/2018 NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 05/13/2022