Preview
FILED: NEW YORK COUNTY CLERK 08/22/2022 03:43 PM INDEX NO. 652352/2018
NYSCEF DOC. NO. 206 RECEIVED NYSCEF: 08/22/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK: COMMERCIAL DIVISION PART 53
-----------------------------------------------------------------------------------X
STELLA STOLPER INDEX NO. 652352/2018
Plaintiff, 05/13/2022,
MOTION DATE 07/01/2022
-v-
ZARINA BURBACKI, MOTION SEQ. NO. 013 014
Defendant. ORDER - SUPPLEMENTAL
-----------------------------------------------------------------------------------X
HON. ANDREW BORROK:
The following e-filed documents, listed by NYSCEF document number (Motion 013) 175, 176, 177, 178,
179, 180, 181, 183, 184, 194, 195, 200, 203
were read on this motion to/for DISCOVERY .
The following e-filed documents, listed by NYSCEF document number (Motion 014) 185, 186, 187, 188,
189, 190, 191, 192, 193, 197, 198, 199, 201, 204
were read on this motion to/for DISCOVERY .
Having reviewed the IOLTA accounts documents and bank statements and the settlement
agreements, both must be produced subject to the confidentiality stipulation entered into in this
case.
The bank statements and IOLTA account documents are not privileged. They are relevant to the
issue of whether the attorney has breached her fiduciary duties by virtue of the alleged
commingling and misappropriation. A lawyer’s client list is simply not privileged. There is case
law that under the narrow circumstances where a person seeks legal advice in connection with a
criminal proceeding (typically grand jury) the fact that the person sought legal advice may be
treated as privileged. But that requires the affirmative showing by the lawyer as to a specific
person and, again, always involves a criminal proceeding — i.e., completely inapplicable
652352/2018 STOLPER, STELLA vs. BURBACKI, ZARINA Page 1 of 2
Motion No. 013 014
1 of 2
FILED: NEW YORK COUNTY CLERK 08/22/2022 03:43 PM INDEX NO. 652352/2018
NYSCEF DOC. NO. 206 RECEIVED NYSCEF: 08/22/2022
here. Additionally, inasmuch as the ring and how the ring was paid for and with what is at issue,
this also makes the information relevant as the funds flowed through the IOLTA account.
The settlement agreement must also be produced because it could, depending on other evidence
and expert testimony, be relevant to the issue of damages.
Both must be produced by August 23, 2022 at 5:00.
The parties shall appear for a status conference on September 8, 2022 at 12:30 PM, for
plaintiff to clarify the scope of the defamation claim.
8/22/2022
DATE ANDREW BORROK, J.S.C.
CHECK ONE: CASE DISPOSED X NON-FINAL DISPOSITION
GRANTED DENIED GRANTED IN PART X OTHER
APPLICATION: SETTLE ORDER SUBMIT ORDER
CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE
652352/2018 STOLPER, STELLA vs. BURBACKI, ZARINA Page 2 of 2
Motion No. 013 014
2 of 2
Preview
FILED: NEW YORK COUNTY CLERK 08/22/2022 03:43 PM INDEX NO. 652352/2018 NYSCEF DOC. NO. 206 RECEIVED NYSCEF: 08/22/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: COMMERCIAL DIVISION PART 53 -----------------------------------------------------------------------------------X STELLA STOLPER INDEX NO. 652352/2018 Plaintiff, 05/13/2022, MOTION DATE 07/01/2022 -v- ZARINA BURBACKI, MOTION SEQ. NO. 013 014 Defendant. ORDER - SUPPLEMENTAL -----------------------------------------------------------------------------------X HON. ANDREW BORROK: The following e-filed documents, listed by NYSCEF document number (Motion 013) 175, 176, 177, 178, 179, 180, 181, 183, 184, 194, 195, 200, 203 were read on this motion to/for DISCOVERY . The following e-filed documents, listed by NYSCEF document number (Motion 014) 185, 186, 187, 188, 189, 190, 191, 192, 193, 197, 198, 199, 201, 204 were read on this motion to/for DISCOVERY . Having reviewed the IOLTA accounts documents and bank statements and the settlement agreements, both must be produced subject to the confidentiality stipulation entered into in this case. The bank statements and IOLTA account documents are not privileged. They are relevant to the issue of whether the attorney has breached her fiduciary duties by virtue of the alleged commingling and misappropriation. A lawyer’s client list is simply not privileged. There is case law that under the narrow circumstances where a person seeks legal advice in connection with a criminal proceeding (typically grand jury) the fact that the person sought legal advice may be treated as privileged. But that requires the affirmative showing by the lawyer as to a specific person and, again, always involves a criminal proceeding — i.e., completely inapplicable 652352/2018 STOLPER, STELLA vs. BURBACKI, ZARINA Page 1 of 2 Motion No. 013 014 1 of 2 FILED: NEW YORK COUNTY CLERK 08/22/2022 03:43 PM INDEX NO. 652352/2018 NYSCEF DOC. NO. 206 RECEIVED NYSCEF: 08/22/2022 here. Additionally, inasmuch as the ring and how the ring was paid for and with what is at issue, this also makes the information relevant as the funds flowed through the IOLTA account. The settlement agreement must also be produced because it could, depending on other evidence and expert testimony, be relevant to the issue of damages. Both must be produced by August 23, 2022 at 5:00. The parties shall appear for a status conference on September 8, 2022 at 12:30 PM, for plaintiff to clarify the scope of the defamation claim. 8/22/2022 DATE ANDREW BORROK, J.S.C. CHECK ONE: CASE DISPOSED X NON-FINAL DISPOSITION GRANTED DENIED GRANTED IN PART X OTHER APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE 652352/2018 STOLPER, STELLA vs. BURBACKI, ZARINA Page 2 of 2 Motion No. 013 014 2 of 2