Preview
FILED: NEW YORK COUNTY CLERK 09/15/2022 01:57 PM INDEX NO. 652352/2018
NYSCEF DOC. NO. 210 RECEIVED NYSCEF: 09/15/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
STELLA STOLPER,
Plaintiff,
v. Index No. 652352/2018
ZARINA BURBACKI (Motion Seq. No. 14)
Defendant. Hon. Andrew Borrok
STATE OF CALIFORNIA )
) ss:
COUNTY OF LOS ANGELES )
AFFIDAVIT OF STELLA STOLPER
STELLA STOLPER, being duly sworn, deposes and says:
1. I am the Plaintiff in the above-captioned action.
2. I have personal knowledge of the facts set forth herein, except for those which are
set forth upon information and belief. I submit this affirmation pursuant to the Court's
ruling on August 8, 2022.
3. I reside in the State of California, and resided in California for the duration of my
marriage to Brian Sher ("Sher").
Divorce Documents
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NYSCEF DOC. NO. 210 RECEIVED NYSCEF: 09/15/2022
4. Brian Sher and I got married on February 16, 2013, and we separated on
November 19, 2014. The Petition for Dissolution of Marriage was filed in the Superior
Court of California, County of Los Angeles on December 14, 2014.
5. The documents produced to Brian Sher in response to his document requests in
connection with the divorce and the Declaration of Disclosure do not specifically identify
the amounts of $250,000 (or $125,000) relating to my August 2016 commission payment,
or $150,000 relating to the giftI received from Avi Shimroni.
6. These documents, including personal and Wikked Entertainment ledgers,
statements of revenues and expenses, income and expense declarations, and statements of
assets, liabilities and stockholder equity all contain aggregated amounts and do not list
any individual commissions or earnings.
Text Messages
7. I was deposed on January 7, 2022 from 7:08 am to 1:12 pm PT, and on January
14, 2022 from 8:11 am to 10:21 am PT. Attached as Exhibit 1 are the deposition
transcript pages from each day, indicating these start and end times.
8. I had no communications with counsel during the deposition except phone calls
during breaks, and two separate instances of non-substantive text messages.
9. One set of non-substantive messages took place on January 7, 2022 at 7:08 am PT
(10:08 am EST), the exact start time of the deposition. These messages will be produced
to Defendant.
10. The only other text message communications I engaged in during the deposition
and relating to the deposition in any way was a message from Martin Russo at 9:17 am
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on."
PT. Mr. Russo informed me, "You are disconnected. Cone[sic] back I did not
respond to this message. A screenshot of this message will be produced to Defendant.
11. I had no other communications about the deposition during the duration of the
deposition, and will produce phone and text message logs covering the relevant dates and
times. These logs reflect either the non-substantive communications with counsel that are
described above, or personal and/or unrelated business communications that took place
during the numerous recesses taken over the course of the deposition.
12. Finally, I will produce to Defendant the handwritten note that I made on January
7, 2022 during the deposition. This note appears on a different date in my notebook for
private work-related information, and which includes client names. Accordingly, allsuch
private non-responsive information that was recorded on a different date has been
redacted.
Stella Stolper
STATE OF CA FORNIA )
) ss:
COUNTY OF LOS ANG S )
On the _ day of Nove r 2021, the undersigned, Stella Stolper, personally
appeared before me, personally known to m¾ or proved to me on the basis of satisfactory
evidence to the individual whose name is subscribed he within instrument and acknowledged
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to me that she exe ted the same, and that her signature on the instrument, the individual, or
by
the person upon behalf of ich the individual acted, executed the instrument.
Notary Public
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NYSCEF DOC. NO. 210 RECEIVED NYSCEF: 09/15/2022
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officercompleting this certificateverifies only the identity of the individual who signed the
document to which thiscertificate isattached, and not the truthfulness, accuracy, or validity of that document.
State of CALIFORNIA
County of LOS ANGELES
On dU f u.S T 2 ,2022 before me, Jake M. Selikovitz . Notary Public,
appeared ... 7
.4- sro LPER.
personally
,
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/theirauthorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf ofwhich the person(s)
Notary PuMic - Caufornia
, acted, executed the instrument.
LosAngelesCounty
commisman# 2380372 I under PENALTY OF PERJURY under the laws of
certify
My Comm.ExpiresOct 27, 2025 the State of California that the paragraph is true
foregoing
and correct.
Witness my hand and officialseal.
Place Notary Seal Above
Signatu
OPTIONAL
Though the information below is not required by law itmay prove valuable topersons relying on the document
and could prevent fraudulent removal and reattachment of the form toanother document.
Description of Attached Document
Titleor Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above: .
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
¡ Individual ¡ Individual
D Corporate Officer-Title(s): O Corporate officer -Title(s):
O Partner O Limited O General O Partner O Limited O General
¡ Attorney in Fact O Attorney inFact
¡ Trustee ¡ Trustee
O Guardian or Conservator
Top of thumb here ¡ Guardian or Conservator
Top of thumb here
¡ Other: ¡ Other:
Signer isRepresenting: Signer isRepresenting:
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EXHIBIT 1
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Page 1
January 7, 2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-----------------------------------------X
WIKKED ENTERTAINMENT, INC., and
STELLA STOLPER,
INDEX No.:
Plaintiffs, 652352/2018
-against-
ZARINA BURBACKI and YONATAN SHIMRONY,
Defendants.
----------------------------------------X
Lexitas-LegalView
Video Conference
January 7, 2022
10:08 a.m.
EXAMINATION BEFORE TRIAL of STELLA
BULOCHNIKOV STOLPER, one of the Plaintiffs
herein, taken on behalf of the Defendants,
pursuant to Order, held at the above-noted time
and place before a Notary Public of the State
of New York.
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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NYSCEF DOC. NO. 210 RECEIVED NYSCEF: 09/15/2022
Page 295
January 7, 2022
1 STELLA BULOCHNIKOV STOLPER
2 Ms. Burbacki telling her that you are missing
3 anything, correct?
4 A I don't remember.
5 MR. NEUMAN: Let's end the
6 deposition for today. We'll have to
7 finish it next week.
8
9 (Time Noted: 4:12 p.m.)
10
11
12 STELLA BULOCHNIKOV STOLPER
13
14 Subscribed and sworn to before
15 me this ___ of ________, 2022.
16
17 Notary Public
18
19
20
21
22
23
24
25
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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[Page 303]
January 14, 2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
------------------------------------------X
WIKKED ENTERTAINMENT, INC. and STELLA
STOLPER
PLAINTIFFS,
-against- Index No.:
652352/2018
ZARINA BURBACKI and YONATAN SHIMRONY,
DEFENDANTS.
------------------------------------------X
DATE: January 14, 2022
TIME: 11:11 A.M.
CONTINUED VIDEOCONFERENCE
EXAMINATION BEFORE TRIAL of the Plaintiff,
STELLA STOLPER, taken by the Defendants,
pursuant to a Court Order, held at the
above date and time, before Monica K. Ward,
a Notary Public of the State of New York.
Lexitas Court Reporting
800-678-0166
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NYSCEF DOC. NO. 210 RECEIVED NYSCEF: 09/15/2022
[Page 435]
January 14, 2022
(1) STOLPER
(2) else to add, I am finished and we
(3) will close the record.
(4) (Whereupon, at 1:21 p.m., the
(5) Examination of this witness was
(6) concluded.)
(7)
(8) ° ° ° °
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
Lexitas Court Reporting
800-678-0166
10 of 10
Preview
FILED: NEW YORK COUNTY CLERK 09/15/2022 01:57 PM INDEX NO. 652352/2018 NYSCEF DOC. NO. 210 RECEIVED NYSCEF: 09/15/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK STELLA STOLPER, Plaintiff, v. Index No. 652352/2018 ZARINA BURBACKI (Motion Seq. No. 14) Defendant. Hon. Andrew Borrok STATE OF CALIFORNIA ) ) ss: COUNTY OF LOS ANGELES ) AFFIDAVIT OF STELLA STOLPER STELLA STOLPER, being duly sworn, deposes and says: 1. I am the Plaintiff in the above-captioned action. 2. I have personal knowledge of the facts set forth herein, except for those which are set forth upon information and belief. I submit this affirmation pursuant to the Court's ruling on August 8, 2022. 3. I reside in the State of California, and resided in California for the duration of my marriage to Brian Sher ("Sher"). Divorce Documents 1 of 10 FILED: NEW YORK COUNTY CLERK 09/15/2022 01:57 PM INDEX NO. 652352/2018 NYSCEF DOC. NO. 210 RECEIVED NYSCEF: 09/15/2022 4. Brian Sher and I got married on February 16, 2013, and we separated on November 19, 2014. The Petition for Dissolution of Marriage was filed in the Superior Court of California, County of Los Angeles on December 14, 2014. 5. The documents produced to Brian Sher in response to his document requests in connection with the divorce and the Declaration of Disclosure do not specifically identify the amounts of $250,000 (or $125,000) relating to my August 2016 commission payment, or $150,000 relating to the giftI received from Avi Shimroni. 6. These documents, including personal and Wikked Entertainment ledgers, statements of revenues and expenses, income and expense declarations, and statements of assets, liabilities and stockholder equity all contain aggregated amounts and do not list any individual commissions or earnings. Text Messages 7. I was deposed on January 7, 2022 from 7:08 am to 1:12 pm PT, and on January 14, 2022 from 8:11 am to 10:21 am PT. Attached as Exhibit 1 are the deposition transcript pages from each day, indicating these start and end times. 8. I had no communications with counsel during the deposition except phone calls during breaks, and two separate instances of non-substantive text messages. 9. One set of non-substantive messages took place on January 7, 2022 at 7:08 am PT (10:08 am EST), the exact start time of the deposition. These messages will be produced to Defendant. 10. The only other text message communications I engaged in during the deposition and relating to the deposition in any way was a message from Martin Russo at 9:17 am 2 of 10 FILED: NEW YORK COUNTY CLERK 09/15/2022 01:57 PM INDEX NO. 652352/2018 NYSCEF DOC. NO. 210 RECEIVED NYSCEF: 09/15/2022 on." PT. Mr. Russo informed me, "You are disconnected. Cone[sic] back I did not respond to this message. A screenshot of this message will be produced to Defendant. 11. I had no other communications about the deposition during the duration of the deposition, and will produce phone and text message logs covering the relevant dates and times. These logs reflect either the non-substantive communications with counsel that are described above, or personal and/or unrelated business communications that took place during the numerous recesses taken over the course of the deposition. 12. Finally, I will produce to Defendant the handwritten note that I made on January 7, 2022 during the deposition. This note appears on a different date in my notebook for private work-related information, and which includes client names. Accordingly, allsuch private non-responsive information that was recorded on a different date has been redacted. Stella Stolper STATE OF CA FORNIA ) ) ss: COUNTY OF LOS ANG S ) On the _ day of Nove r 2021, the undersigned, Stella Stolper, personally appeared before me, personally known to m¾ or proved to me on the basis of satisfactory evidence to the individual whose name is subscribed he within instrument and acknowledged 3 of 10 FILED: NEW YORK COUNTY CLERK 09/15/2022 01:57 PM INDEX NO. 652352/2018 NYSCEF DOC. NO. 210 RECEIVED NYSCEF: 09/15/2022 to me that she exe ted the same, and that her signature on the instrument, the individual, or by the person upon behalf of ich the individual acted, executed the instrument. Notary Public 4 of 10 FILED: NEW YORK COUNTY CLERK 09/15/2022 01:57 PM INDEX NO. 652352/2018 NYSCEF DOC. NO. 210 RECEIVED NYSCEF: 09/15/2022 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officercompleting this certificateverifies only the identity of the individual who signed the document to which thiscertificate isattached, and not the truthfulness, accuracy, or validity of that document. State of CALIFORNIA County of LOS ANGELES On dU f u.S T 2 ,2022 before me, Jake M. Selikovitz . Notary Public, appeared ... 7 .4- sro LPER. personally , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/theirauthorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf ofwhich the person(s) Notary PuMic - Caufornia , acted, executed the instrument. LosAngelesCounty commisman# 2380372 I under PENALTY OF PERJURY under the laws of certify My Comm.ExpiresOct 27, 2025 the State of California that the paragraph is true foregoing and correct. Witness my hand and officialseal. Place Notary Seal Above Signatu OPTIONAL Though the information below is not required by law itmay prove valuable topersons relying on the document and could prevent fraudulent removal and reattachment of the form toanother document. Description of Attached Document Titleor Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: . Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ¡ Individual ¡ Individual D Corporate Officer-Title(s): O Corporate officer -Title(s): O Partner O Limited O General O Partner O Limited O General ¡ Attorney in Fact O Attorney inFact ¡ Trustee ¡ Trustee O Guardian or Conservator Top of thumb here ¡ Guardian or Conservator Top of thumb here ¡ Other: ¡ Other: Signer isRepresenting: Signer isRepresenting: 5 of 10 FILED: NEW YORK COUNTY CLERK 09/15/2022 01:57 PM INDEX NO. 652352/2018 NYSCEF DOC. NO. 210 RECEIVED NYSCEF: 09/15/2022 EXHIBIT 1 6 of 10 FILED: NEW YORK COUNTY CLERK 09/15/2022 01:57 PM INDEX NO. 652352/2018 NYSCEF DOC. NO. 210 RECEIVED NYSCEF: 09/15/2022 Page 1 January 7, 2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------X WIKKED ENTERTAINMENT, INC., and STELLA STOLPER, INDEX No.: Plaintiffs, 652352/2018 -against- ZARINA BURBACKI and YONATAN SHIMRONY, Defendants. ----------------------------------------X Lexitas-LegalView Video Conference January 7, 2022 10:08 a.m. EXAMINATION BEFORE TRIAL of STELLA BULOCHNIKOV STOLPER, one of the Plaintiffs herein, taken on behalf of the Defendants, pursuant to Order, held at the above-noted time and place before a Notary Public of the State of New York. DEITZ Court Reporting... A Lexitas Company 800-678-0166 7 of 10 FILED: NEW YORK COUNTY CLERK 09/15/2022 01:57 PM INDEX NO. 652352/2018 NYSCEF DOC. NO. 210 RECEIVED NYSCEF: 09/15/2022 Page 295 January 7, 2022 1 STELLA BULOCHNIKOV STOLPER 2 Ms. Burbacki telling her that you are missing 3 anything, correct? 4 A I don't remember. 5 MR. NEUMAN: Let's end the 6 deposition for today. We'll have to 7 finish it next week. 8 9 (Time Noted: 4:12 p.m.) 10 11 12 STELLA BULOCHNIKOV STOLPER 13 14 Subscribed and sworn to before 15 me this ___ of ________, 2022. 16 17 Notary Public 18 19 20 21 22 23 24 25 DEITZ Court Reporting... A Lexitas Company 800-678-0166 8 of 10 FILED: NEW YORK COUNTY CLERK 09/15/2022 01:57 PM INDEX NO. 652352/2018 NYSCEF DOC. NO. 210 RECEIVED NYSCEF: 09/15/2022 [Page 303] January 14, 2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------X WIKKED ENTERTAINMENT, INC. and STELLA STOLPER PLAINTIFFS, -against- Index No.: 652352/2018 ZARINA BURBACKI and YONATAN SHIMRONY, DEFENDANTS. ------------------------------------------X DATE: January 14, 2022 TIME: 11:11 A.M. CONTINUED VIDEOCONFERENCE EXAMINATION BEFORE TRIAL of the Plaintiff, STELLA STOLPER, taken by the Defendants, pursuant to a Court Order, held at the above date and time, before Monica K. Ward, a Notary Public of the State of New York. Lexitas Court Reporting 800-678-0166 9 of 10 FILED: NEW YORK COUNTY CLERK 09/15/2022 01:57 PM INDEX NO. 652352/2018 NYSCEF DOC. NO. 210 RECEIVED NYSCEF: 09/15/2022 [Page 435] January 14, 2022 (1) STOLPER (2) else to add, I am finished and we (3) will close the record. (4) (Whereupon, at 1:21 p.m., the (5) Examination of this witness was (6) concluded.) (7) (8) ° ° ° ° (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) (23) (24) (25) Lexitas Court Reporting 800-678-0166 10 of 10