On May 11, 2018 a
Motion,Ex Parte
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 09/15/2022 01:57 PM INDEX NO. 652352/2018
NYSCEF DOC. NO. 211 RECEIVED NYSCEF: 09/15/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
STELLA STOLPER, Index No. 652352/2018
Plaintiff, Hon. Andrew S. Borrok
v.
AFFIRMATION
ZARINA BURBACKI,
Defendant.
RIMMA AYZEN, ESQ., an attorney admitted to practice before the Courts of the State of
New York, hereby affirms the following to be true under the penalties of perjury, pursuant to CPLR
2106:
1. I am an associate at the law firm Russo PLLC, attorneys for Plaintiff Stella
Stolper (“Stolper”) in the above-captioned action, and as such I am fully familiar with all the
facts and circumstances in this case. I submit this affirmation pursuant to the Court’s ruling
on August 8, 2022 in connection with the parties’ discovery motions.
2. Russo PLLC has requested from Ms. Stolper’s divorce attorney the Executed
Declaration of Disclosure and the original and amended responses to Brian Sher’s document
demands (bearing Bates numbers SB000001-SB001025 in the divorce proceeding), and has
reviewed these documents.
3. The amount of $250,000, or $125,000 after Defendant withheld half, relating
to the August 2016 commission payment in the amount of $250,000 received by Stolper did
not appear as an individually identifiable amount in the aforementioned documents.
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FILED: NEW YORK COUNTY CLERK 09/15/2022 01:57 PM INDEX NO. 652352/2018
NYSCEF DOC. NO. 211 RECEIVED NYSCEF: 09/15/2022
4. The amount of $150,000 relating to a gift from Avi Shimrony to Stolper did not
appear as an individually identifiable amount in the aforementioned documents.
5. As confirmed by Ms. Stolper’s divorce attorney, Melanie Mandles, these
amounts would not appear as separate amounts in the Declaration of Disclosure, the
accompanying Schedule of Assets and Debts, or the documents produced in response to
discovery demands, because these documents only contain aggregate amounts and do not
itemize individual earnings or gifts.
6. Finally, to clarify earlier representations regarding Ms. Stolper’s text message
communications during the deposition, there were no text messages with me during the deposition,
and no substantive text messages with anyone at Russo PLLC regarding the deposition, during the
deposition. Two non-substantive text messages with Martin Russo will be produced to Defendant.
Dated: New York, New York
August 22, 2022
/s/ Rimma Ayzen
Rimma Ayzen, Esq.
Russo PLLC
350 Fifth Avenue, Suite 7230
New York, New York 10118
Tel.: (212) 363-2000
rayzen@russopllc.com
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Document Filed Date
September 15, 2022
Case Filing Date
May 11, 2018
Category
Commercial Division
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FILED: NEW YORK COUNTY CLERK 09/15/2022 01:57 PM INDEX NO. 652352/2018 NYSCEF DOC. NO. 211 RECEIVED NYSCEF: 09/15/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK STELLA STOLPER, Index No. 652352/2018 Plaintiff, Hon. Andrew S. Borrok v. AFFIRMATION ZARINA BURBACKI, Defendant. RIMMA AYZEN, ESQ., an attorney admitted to practice before the Courts of the State of New York, hereby affirms the following to be true under the penalties of perjury, pursuant to CPLR 2106: 1. I am an associate at the law firm Russo PLLC, attorneys for Plaintiff Stella Stolper (“Stolper”) in the above-captioned action, and as such I am fully familiar with all the facts and circumstances in this case. I submit this affirmation pursuant to the Court’s ruling on August 8, 2022 in connection with the parties’ discovery motions. 2. Russo PLLC has requested from Ms. Stolper’s divorce attorney the Executed Declaration of Disclosure and the original and amended responses to Brian Sher’s document demands (bearing Bates numbers SB000001-SB001025 in the divorce proceeding), and has reviewed these documents. 3. The amount of $250,000, or $125,000 after Defendant withheld half, relating to the August 2016 commission payment in the amount of $250,000 received by Stolper did not appear as an individually identifiable amount in the aforementioned documents. 1 of 2 FILED: NEW YORK COUNTY CLERK 09/15/2022 01:57 PM INDEX NO. 652352/2018 NYSCEF DOC. NO. 211 RECEIVED NYSCEF: 09/15/2022 4. The amount of $150,000 relating to a gift from Avi Shimrony to Stolper did not appear as an individually identifiable amount in the aforementioned documents. 5. As confirmed by Ms. Stolper’s divorce attorney, Melanie Mandles, these amounts would not appear as separate amounts in the Declaration of Disclosure, the accompanying Schedule of Assets and Debts, or the documents produced in response to discovery demands, because these documents only contain aggregate amounts and do not itemize individual earnings or gifts. 6. Finally, to clarify earlier representations regarding Ms. Stolper’s text message communications during the deposition, there were no text messages with me during the deposition, and no substantive text messages with anyone at Russo PLLC regarding the deposition, during the deposition. Two non-substantive text messages with Martin Russo will be produced to Defendant. Dated: New York, New York August 22, 2022 /s/ Rimma Ayzen Rimma Ayzen, Esq. Russo PLLC 350 Fifth Avenue, Suite 7230 New York, New York 10118 Tel.: (212) 363-2000 rayzen@russopllc.com 2 of 2