Preview
FILED: NEW YORK COUNTY CLERK 11/08/2021
07/01/2022 10:28
03:17 PM INDEX NO. 652352/2018
NYSCEF DOC. NO. 141
190 RECEIVED NYSCEF: 11/08/2021
07/01/2022
SUPREME COURT OF THE STATE OF NEW YOR
COUNTY OF NEW YORK K
STELLA STOLPER.
Plaintiff,
v. Index No. 6S23S2/20I g
ZARIN A BURBACKI (Motion Seq. No. 9)
Defendant. Hon. Andrew Borrok
STATE OF CALIFORNIA
) ss:
COUNTY OF LOS ANGELES )
AFFIDAVIT OF STELLA STOLPER
STELLA STO~P~~ being duly sworn, deposes and says:
1. I am the Plaintiff m the above-captioned action.
2. I residein the State of California and have worked in the entertainment industry for I
over twenty-five ye~s. I am a Golden Globe award-nominated producer and have a successful I
I
career as an executive and talentmanager. Iconduct business throughmy management and
production company, Wikked Entertainment, Inc.
3. I have personal knowledge of the facts set forth herein
except for those which are set
forth upon information and belief. ' ·
4. I submit this Affidavit in compliance with the Decision and Order of Plaintiff's motion
to compel production of documents dated October 5, 2021 (the "Order'') in which Justice Borrok
ordered certain categories of documents to be produced by each party. I
5. I hereby affirm that I conducted a good faith, diligent search for the documents listed
the Order by searching all locations where such documents and/or information was likely to be
found, my
specifically, relevant e-mail accounts, cellular phone records, tax records, and hard
copy filesin my possession. These documents were previously produced, have now been
produced, or otherwise do not exist or could not be found. No responsive documents were
knowingly deleted or destroyed by me.
6. All documents in my possession, custody and control responsive to the categories set
forthin the Order that were not previously produced were produced to Defendant's counsel on
November 8, 2021.
7. In particular, the Order required production of the followin g categories of documents:
a. "[A)II communications between Ms. Stolper and various third parties with whom
\
Ms. Stolper had regular contact" "to the extent such communications concern the
amounts at issue herein, including communications between Ms. Stolper and Avi
Shimrony concerning the $150,000 that Ms. Stolper claims he gave her as a gift,
and Ms. Stolp r's claim for defamation."
I have produced an extensive set of textmessages in my first
and second productions which
contain all responsive documents in my possession, custody, and control with all relevant
individuals listed, including texts messages with Zarina Burbacki (e.g., Bates Nos. SB 00~001,
SB 000028, 000031 - 37), Yonathan Shimrony (e.g., Bates Nos. SB 000002 - 000018), Lianna
Shakhnazarian (e.g.,Bates No. 000039) and Andrea Bacon (e.g.,Bates Nos. SB 0??496
-000497) (text messages attached hereto as Exhibit A.). A diligent search revealed no additional
documents for production responsive to this category. . .
b. "[A]ny documents concerning the legal work allegedly provided by Ms. Burbacki
and any documents concerning the legal work performed by others that form the
basis for her malpractice claim against Ms . Burbacki."
,
1 of 4
FILED: NEW YORK COUNTY CLERK 11/08/2021
07/01/2022 10:28
03:17 PM INDEX NO. ,.
652352/2018
NYSCEF DOC. NO. 141
190 RECEIVED NYSCEF: 11/08/2021
07/01/2022
l have conducted I reuonably dlllaent aearch fb
my poueHion, cu1tody and control and h r any additional retpon1lv1 documents whhln
on November 8, 202 1, ' av, Produced auch document, to Defendant'• coun11t
c. Documenlt 1ufflclent to •how
$850,000 payment received by ~hethtr I "paid tu on this S150,000" "of an
' Btolper 111d aent to Ma. Burbecld" u Income.
1
l believe this category refers to the $125 ooo
Into the escrow account held formy be~ent ~rtlon of • $250,000 payment that was received
return or release frommy escrow account In ~I Ms. Burback!, and which Defendant did not
thorough search within my tax records to Id i I have conducted • reuonably dlllaent and
payment; however, the $250,000 amount Wat : nt fy the tax treatment of the fullcommission
for my benefit and was never transferred to ent to the escrow account held by Ms. Burback!
rn;
such records do not exist. Moreover 1 ty own Personal or business account. Accordingly,
treatment of the $125,000 portion of corn:~ ~o documents to evidence the Individualtax
to me. 9 a ment that Defendant ultimately released
Stella Stolper
STATE OF CALIFORNIA
ss:
COUNTY OF LOS ANGELES
On the __ day of November 2021, the undersigned, Stella Stolper,personally
ap~eared befo": ~e,_ personally knowi:ito me or proved to me on the basisof satisfactory
evidence to the md1v1dual whose name is subscribed to the within instrument and acknowledged
to me that she executed the ~e, ~d that by her signature on the instrument, the individual, or
the pe.rson upon behalf of which the mdividual acted, executed the instrument.
3
2 of 4
FILED: NEW YORK COUNTY CLERK 11/08/2021
07/01/2022 10:28
03:17 PM INDEX NO. 652352/2018
NYSCEF DOC. NO. 141
190 RECEIVED NYSCEF: 11/08/2021
07/01/2022
ACKNOWLEDGMENT
A notary publ~c or other o~cer completing this
certificate verifies only the identity of the individual
who signed the document to Which this certificate is
attached, and not the truthfulness, accuracy, or
validitv of that document.
State of California 1 !'=: /
County of {:::J[2,'--:;!£'~":)
On \l /] /--u?-l before me
'
fril it,1al~x; llfavut"O,
(insert name and title of the officer) »
Yl!>WYP-JJrt
•
personally appeared k . V
who proved to me ~n basis of satisfactory evidence to be the person(s) whose name(s i /sre-
~~b~ed to the ~1thin instru!Tient and acknowled:§;e to me that~/tb.ey...exe_cuted the same in
~helrauthonz~d capac1ty(ies), and that by I e /tAe+F-Signature(s) on t~e instrument the
person(s), or the entity upon behalf of which the pers (s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
ERIC MARTINEZ NAVARRO
3-
Notary Public - California
= Los Angeles County
f Comml11ion # 233 3162
,. My Comm. Expires Sep 3,
(Seal)
3 of 4
FILED: NEW YORK COUNTY CLERK 11/08/2021
07/01/2022 10:28
03:17 PM INDEX NO. 652352/2018
NYSCEF DOC. NO. 141
190 RECEIVED NYSCEF: 11/08/2021
07/01/2022
Y CERTIFICATE OF COi'IFOR, IITY OF ACKNOWLE DGMENT
N'\ RPL § 299-a
TA1 E 0 1· NCW YORK
: ss.:
CO TYOr A SAU
The undersigned docs hereby ccnify that he/she is an attorney-at-law duly admi tted to
practice in the talc of cw York, and is a resident of Nassau County in the State of New York;
that he/she is a person duly qualifi ed to make this certificate of confom1ity pursuant to Section
299-a of the Real Property Law of the State of New York; that he/she is fu lly acquainted with the
lav,s of the tate of Ne\,\, York pertaining to the acknowledgment or proof of deeds of real
property to be recorded therein: that the foregoing acknowledgment by Stella Stolper named in
the foregoing instrument taken before foe. Mar-l{nf)2 Na.114,r,o , a notary publ ic (or
other officer) was taken in the ma1111er prescri bed by such laws of the State of California. being
the state in which it was taken; and that it duly conforms with such Jaws and is in al l respects
valid and e ffective in such state.
Witness my signature this 8th day of ovembcr. 2 02 1
Attorney-at-law for the State of ew York,
residing in the tate of ew York
4 of 4
Preview
FILED: NEW YORK COUNTY CLERK 11/08/2021 07/01/2022 10:28 03:17 PM INDEX NO. 652352/2018 NYSCEF DOC. NO. 141 190 RECEIVED NYSCEF: 11/08/2021 07/01/2022 SUPREME COURT OF THE STATE OF NEW YOR COUNTY OF NEW YORK K STELLA STOLPER. Plaintiff, v. Index No. 6S23S2/20I g ZARIN A BURBACKI (Motion Seq. No. 9) Defendant. Hon. Andrew Borrok STATE OF CALIFORNIA ) ss: COUNTY OF LOS ANGELES ) AFFIDAVIT OF STELLA STOLPER STELLA STO~P~~ being duly sworn, deposes and says: 1. I am the Plaintiff m the above-captioned action. 2. I residein the State of California and have worked in the entertainment industry for I over twenty-five ye~s. I am a Golden Globe award-nominated producer and have a successful I I career as an executive and talentmanager. Iconduct business throughmy management and production company, Wikked Entertainment, Inc. 3. I have personal knowledge of the facts set forth herein except for those which are set forth upon information and belief. ' · 4. I submit this Affidavit in compliance with the Decision and Order of Plaintiff's motion to compel production of documents dated October 5, 2021 (the "Order'') in which Justice Borrok ordered certain categories of documents to be produced by each party. I 5. I hereby affirm that I conducted a good faith, diligent search for the documents listed the Order by searching all locations where such documents and/or information was likely to be found, my specifically, relevant e-mail accounts, cellular phone records, tax records, and hard copy filesin my possession. These documents were previously produced, have now been produced, or otherwise do not exist or could not be found. No responsive documents were knowingly deleted or destroyed by me. 6. All documents in my possession, custody and control responsive to the categories set forthin the Order that were not previously produced were produced to Defendant's counsel on November 8, 2021. 7. In particular, the Order required production of the followin g categories of documents: a. "[A)II communications between Ms. Stolper and various third parties with whom \ Ms. Stolper had regular contact" "to the extent such communications concern the amounts at issue herein, including communications between Ms. Stolper and Avi Shimrony concerning the $150,000 that Ms. Stolper claims he gave her as a gift, and Ms. Stolp r's claim for defamation." I have produced an extensive set of textmessages in my first and second productions which contain all responsive documents in my possession, custody, and control with all relevant individuals listed, including texts messages with Zarina Burbacki (e.g., Bates Nos. SB 00~001, SB 000028, 000031 - 37), Yonathan Shimrony (e.g., Bates Nos. SB 000002 - 000018), Lianna Shakhnazarian (e.g.,Bates No. 000039) and Andrea Bacon (e.g.,Bates Nos. SB 0??496 -000497) (text messages attached hereto as Exhibit A.). A diligent search revealed no additional documents for production responsive to this category. . . b. "[A]ny documents concerning the legal work allegedly provided by Ms. Burbacki and any documents concerning the legal work performed by others that form the basis for her malpractice claim against Ms . Burbacki." , 1 of 4 FILED: NEW YORK COUNTY CLERK 11/08/2021 07/01/2022 10:28 03:17 PM INDEX NO. ,. 652352/2018 NYSCEF DOC. NO. 141 190 RECEIVED NYSCEF: 11/08/2021 07/01/2022 l have conducted I reuonably dlllaent aearch fb my poueHion, cu1tody and control and h r any additional retpon1lv1 documents whhln on November 8, 202 1, ' av, Produced auch document, to Defendant'• coun11t c. Documenlt 1ufflclent to •how $850,000 payment received by ~hethtr I "paid tu on this S150,000" "of an ' Btolper 111d aent to Ma. Burbecld" u Income. 1 l believe this category refers to the $125 ooo Into the escrow account held formy be~ent ~rtlon of • $250,000 payment that was received return or release frommy escrow account In ~I Ms. Burback!, and which Defendant did not thorough search within my tax records to Id i I have conducted • reuonably dlllaent and payment; however, the $250,000 amount Wat : nt fy the tax treatment of the fullcommission for my benefit and was never transferred to ent to the escrow account held by Ms. Burback! rn; such records do not exist. Moreover 1 ty own Personal or business account. Accordingly, treatment of the $125,000 portion of corn:~ ~o documents to evidence the Individualtax to me. 9 a ment that Defendant ultimately released Stella Stolper STATE OF CALIFORNIA ss: COUNTY OF LOS ANGELES On the __ day of November 2021, the undersigned, Stella Stolper,personally ap~eared befo": ~e,_ personally knowi:ito me or proved to me on the basisof satisfactory evidence to the md1v1dual whose name is subscribed to the within instrument and acknowledged to me that she executed the ~e, ~d that by her signature on the instrument, the individual, or the pe.rson upon behalf of which the mdividual acted, executed the instrument. 3 2 of 4 FILED: NEW YORK COUNTY CLERK 11/08/2021 07/01/2022 10:28 03:17 PM INDEX NO. 652352/2018 NYSCEF DOC. NO. 141 190 RECEIVED NYSCEF: 11/08/2021 07/01/2022 ACKNOWLEDGMENT A notary publ~c or other o~cer completing this certificate verifies only the identity of the individual who signed the document to Which this certificate is attached, and not the truthfulness, accuracy, or validitv of that document. State of California 1 !'=: / County of {:::J[2,'--:;!£'~":) On \l /] /--u?-l before me ' fril it,1al~x; llfavut"O, (insert name and title of the officer) » Yl!>WYP-JJrt • personally appeared k . V who proved to me ~n basis of satisfactory evidence to be the person(s) whose name(s i /sre- ~~b~ed to the ~1thin instru!Tient and acknowled:§;e to me that~/tb.ey...exe_cuted the same in ~helrauthonz~d capac1ty(ies), and that by I e /tAe+F-Signature(s) on t~e instrument the person(s), or the entity upon behalf of which the pers (s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ERIC MARTINEZ NAVARRO 3- Notary Public - California = Los Angeles County f Comml11ion # 233 3162 ,. My Comm. Expires Sep 3, (Seal) 3 of 4 FILED: NEW YORK COUNTY CLERK 11/08/2021 07/01/2022 10:28 03:17 PM INDEX NO. 652352/2018 NYSCEF DOC. NO. 141 190 RECEIVED NYSCEF: 11/08/2021 07/01/2022 Y CERTIFICATE OF COi'IFOR, IITY OF ACKNOWLE DGMENT N'\ RPL § 299-a TA1 E 0 1· NCW YORK : ss.: CO TYOr A SAU The undersigned docs hereby ccnify that he/she is an attorney-at-law duly admi tted to practice in the talc of cw York, and is a resident of Nassau County in the State of New York; that he/she is a person duly qualifi ed to make this certificate of confom1ity pursuant to Section 299-a of the Real Property Law of the State of New York; that he/she is fu lly acquainted with the lav,s of the tate of Ne\,\, York pertaining to the acknowledgment or proof of deeds of real property to be recorded therein: that the foregoing acknowledgment by Stella Stolper named in the foregoing instrument taken before foe. Mar-l{nf)2 Na.114,r,o , a notary publ ic (or other officer) was taken in the ma1111er prescri bed by such laws of the State of California. being the state in which it was taken; and that it duly conforms with such Jaws and is in al l respects valid and e ffective in such state. Witness my signature this 8th day of ovembcr. 2 02 1 Attorney-at-law for the State of ew York, residing in the tate of ew York 4 of 4