On May 11, 2018 a
Order
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 09/09/2022 12:54 PM INDEX NO. 652352/2018
NYSCEF DOC. NO. 207 RECEIVED NYSCEF: 09/09/2022
$$$$ SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
PRESENT: HON. ANDREW S. BORROK PART 53
Justice
------------------------------------------------------------------------------------ X
STELLA STOLPER INDEX NO. 652352/2018
Plaintiff,
-v-
ZARINA BURBACKI,
Defendant.
------------------------------------------------------------------------------------X
At the conference (9.8.22):
1. Ms. Stolper confirmed that she is not withdrawing her claim for defamation and indicated
that the claim is based on lost future business opportunities with Mariah Carey.
2. The Court determined that the affidavit provided by Ms. Stolper was inadequate because
it failed to identify whether she in her divorce declaration of assets identified her alleged
interest in the $150,000 that she claims is a gift that was allegedly held in Ms. Burbacki’s
client account. Counsel for Ms. Stolper merely indicates that this amount “did not appear
as an individually identifiable amount in the [divorce declaration of assets]” [Ayzen Aff.,
¶4]. This simply does not answer the question whether she took a position in her divorce
proceeding as to this alleged gift (i.e., not including such gift in her assets as she was
required to do in California) that is different than the position she takes in this case. As
such, Ms. Stolper shall provide the final executed version of her divorce declaration and
the executed verification to her discovery responses in the divorce proceeding by
September 13, 2022 @ 9 am.
3. The Court determined that Ms. Stolper had an entire notebook at her deposition and that
she has only turned over a single page of the notebook. Initially she made certain
redactions to the page that was turned over. Upon objection from Ms. Burbacki, Ms.
Stolper turned over the page but not the entire notebook. She indicates that nothing in the
notebook is relevant to this lawsuit and that it all relates to other private client work. As
such, the Court shall review the notebook in camera next week. Counsel for Ms. Stolper
shall email Part 53, on or before September 9, 2022 by 5:00 PM, to inform the Court of
the date when the notebook will be available for the in camera review.
4. Ms. Burbacki indicated that the phone records demonstrate that (i) that Ms. Stolper
received other messages that are not included in the records as they appeared on her
computer during the deposition and are not reflected in the phone records and (ii) that
Ms. Stolper spoke with her attorney, Mr. Russo for approximately 10 minutes, in the
middle of her deposition. Leave is granted to Ms. Burbacki to supplement the record
with an expert affidavit explaining why the phone records confirm this position. To the
extent that Ms. Burbacki indicates that Ms. Stolper and Mr. Russo have acted improperly,
OTHER ORDER – NON-MOTION
1 of 2 Page 1 of 2
FILED: NEW YORK COUNTY CLERK 09/09/2022 12:54 PM INDEX NO. 652352/2018
NYSCEF DOC. NO. 207 RECEIVED NYSCEF: 09/09/2022
and that as such, she has been harmed in this lawsuit, she may seek appropriate relief here
by order to show cause by September 15, 2022.
5. Finally, Ms. Stolper may serve contention interrogatories by September 15, 2022 in
regards to the discovery that was previously redacted and if necessary, may move by
OSC for an additional deposition of Ms. Burbacki solely as it relates to the previously
redacted discovery.
- Ms. Burbacki shall order a copy of the transcript (9.8.22) and upload it to NYSCEF.
- Ms. Stolper is ordered to upload a copy of her affidavit and her attorneys’ affirmation to
NYSCEF.
- NOI: October 20, 2022; dispositive motions within 30 days.
DATE: 9/8/2022 ANDREW S. BORROK, JSC
Check One: Case Disposed X Non-Final Disposition
Check if Appropriate: Other (Specify )
2 of 2 Page 2 of 2
652352/2018 STOLPER, STELLA vs. BURBACKI, ZARINA
Document Filed Date
September 09, 2022
Case Filing Date
May 11, 2018
Category
Commercial Division
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: NEW YORK COUNTY CLERK 09/09/2022 12:54 PM INDEX NO. 652352/2018 NYSCEF DOC. NO. 207 RECEIVED NYSCEF: 09/09/2022 $$$$ SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. ANDREW S. BORROK PART 53 Justice ------------------------------------------------------------------------------------ X STELLA STOLPER INDEX NO. 652352/2018 Plaintiff, -v- ZARINA BURBACKI, Defendant. ------------------------------------------------------------------------------------X At the conference (9.8.22): 1. Ms. Stolper confirmed that she is not withdrawing her claim for defamation and indicated that the claim is based on lost future business opportunities with Mariah Carey. 2. The Court determined that the affidavit provided by Ms. Stolper was inadequate because it failed to identify whether she in her divorce declaration of assets identified her alleged interest in the $150,000 that she claims is a gift that was allegedly held in Ms. Burbacki’s client account. Counsel for Ms. Stolper merely indicates that this amount “did not appear as an individually identifiable amount in the [divorce declaration of assets]” [Ayzen Aff., ¶4]. This simply does not answer the question whether she took a position in her divorce proceeding as to this alleged gift (i.e., not including such gift in her assets as she was required to do in California) that is different than the position she takes in this case. As such, Ms. Stolper shall provide the final executed version of her divorce declaration and the executed verification to her discovery responses in the divorce proceeding by September 13, 2022 @ 9 am. 3. The Court determined that Ms. Stolper had an entire notebook at her deposition and that she has only turned over a single page of the notebook. Initially she made certain redactions to the page that was turned over. Upon objection from Ms. Burbacki, Ms. Stolper turned over the page but not the entire notebook. She indicates that nothing in the notebook is relevant to this lawsuit and that it all relates to other private client work. As such, the Court shall review the notebook in camera next week. Counsel for Ms. Stolper shall email Part 53, on or before September 9, 2022 by 5:00 PM, to inform the Court of the date when the notebook will be available for the in camera review. 4. Ms. Burbacki indicated that the phone records demonstrate that (i) that Ms. Stolper received other messages that are not included in the records as they appeared on her computer during the deposition and are not reflected in the phone records and (ii) that Ms. Stolper spoke with her attorney, Mr. Russo for approximately 10 minutes, in the middle of her deposition. Leave is granted to Ms. Burbacki to supplement the record with an expert affidavit explaining why the phone records confirm this position. To the extent that Ms. Burbacki indicates that Ms. Stolper and Mr. Russo have acted improperly, OTHER ORDER – NON-MOTION 1 of 2 Page 1 of 2 FILED: NEW YORK COUNTY CLERK 09/09/2022 12:54 PM INDEX NO. 652352/2018 NYSCEF DOC. NO. 207 RECEIVED NYSCEF: 09/09/2022 and that as such, she has been harmed in this lawsuit, she may seek appropriate relief here by order to show cause by September 15, 2022. 5. Finally, Ms. Stolper may serve contention interrogatories by September 15, 2022 in regards to the discovery that was previously redacted and if necessary, may move by OSC for an additional deposition of Ms. Burbacki solely as it relates to the previously redacted discovery. - Ms. Burbacki shall order a copy of the transcript (9.8.22) and upload it to NYSCEF. - Ms. Stolper is ordered to upload a copy of her affidavit and her attorneys’ affirmation to NYSCEF. - NOI: October 20, 2022; dispositive motions within 30 days. DATE: 9/8/2022 ANDREW S. BORROK, JSC Check One: Case Disposed X Non-Final Disposition Check if Appropriate: Other (Specify ) 2 of 2 Page 2 of 2 652352/2018 STOLPER, STELLA vs. BURBACKI, ZARINA