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 11/15/2022 12:24 PM INDEX NO. 652352/2018
NYSCEF DOC. NO. 239 RECEIVED NYSCEF: 11/14/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK: COMMERCIAL DIVISION PART 53
-----------------------------------------------------------------------------------X
STELLA STOLPER INDEX NO. 652352/2018
Plaintiff,
MOTION DATE N/A
-v-
MOTION SEQ. NO. 016
ZARINA BURBACKI,
Defendant. DECISION + ORDER ON
MOTION
-----------------------------------------------------------------------------------X
HON. ANDREW BORROK:
The following e-filed documents, listed by NYSCEF document number (Motion 016) 226, 227, 228, 229,
230, 236, 237, 238
were read on this motion for DISCOVERY .
Upon the foregoing documents, Plaintiff’s motion to compel a continuance of the deposition of
Defendant Zarina Burbacki is granted to the extent that Plaintiff is entitled to ask questions about
the transfer of funds in the Defendant’s escrow account because such information is material and
necessary to Plaintiff’s causes of action for conversion and breach of fiduciary duty (Rivera v
NYP Holdings Inc., 63 AD3d 469, 469 [1st Dept 2009], quoting Allen v Crowell-Collier Publ.
Co., 21 NY2d 403, 406 [1968]). As stated in the Court’s prior order (NYSCEF Doc. No. 207),
the deposition shall be limited to recently unredacted documents that were not available to
Plaintiff when Ms. Burbacki was first deposed. Ms. Burbacki needs to attend the continued
deposition between now and December 4, 2022 which deposition shall be no more than three
hours.
11/14/2022
DATE ANDREW BORROK, J.S.C.
CHECK ONE: CASE DISPOSED X NON-FINAL DISPOSITION
X GRANTED DENIED GRANTED IN PART OTHER
APPLICATION: SETTLE ORDER SUBMIT ORDER
652352/2018 STOLPER, STELLA vs. BURBACKI, ZARINA Page 1 of 2
Motion No. 016
1 of 2
FILED: NEW YORK COUNTY CLERK 11/15/2022 12:24 PM INDEX NO. 652352/2018
NYSCEF DOC. NO. 239 RECEIVED NYSCEF: 11/14/2022
CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE
652352/2018 STOLPER, STELLA vs. BURBACKI, ZARINA Page 2 of 2
Motion No. 016
2 of 2
Document Filed Date
November 15, 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 11/15/2022 12:24 PM INDEX NO. 652352/2018 NYSCEF DOC. NO. 239 RECEIVED NYSCEF: 11/14/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: COMMERCIAL DIVISION PART 53 -----------------------------------------------------------------------------------X STELLA STOLPER INDEX NO. 652352/2018 Plaintiff, MOTION DATE N/A -v- MOTION SEQ. NO. 016 ZARINA BURBACKI, Defendant. DECISION + ORDER ON MOTION -----------------------------------------------------------------------------------X HON. ANDREW BORROK: The following e-filed documents, listed by NYSCEF document number (Motion 016) 226, 227, 228, 229, 230, 236, 237, 238 were read on this motion for DISCOVERY . Upon the foregoing documents, Plaintiff’s motion to compel a continuance of the deposition of Defendant Zarina Burbacki is granted to the extent that Plaintiff is entitled to ask questions about the transfer of funds in the Defendant’s escrow account because such information is material and necessary to Plaintiff’s causes of action for conversion and breach of fiduciary duty (Rivera v NYP Holdings Inc., 63 AD3d 469, 469 [1st Dept 2009], quoting Allen v Crowell-Collier Publ. Co., 21 NY2d 403, 406 [1968]). As stated in the Court’s prior order (NYSCEF Doc. No. 207), the deposition shall be limited to recently unredacted documents that were not available to Plaintiff when Ms. Burbacki was first deposed. Ms. Burbacki needs to attend the continued deposition between now and December 4, 2022 which deposition shall be no more than three hours. 11/14/2022 DATE ANDREW BORROK, J.S.C. CHECK ONE: CASE DISPOSED X NON-FINAL DISPOSITION X GRANTED DENIED GRANTED IN PART OTHER APPLICATION: SETTLE ORDER SUBMIT ORDER 652352/2018 STOLPER, STELLA vs. BURBACKI, ZARINA Page 1 of 2 Motion No. 016 1 of 2 FILED: NEW YORK COUNTY CLERK 11/15/2022 12:24 PM INDEX NO. 652352/2018 NYSCEF DOC. NO. 239 RECEIVED NYSCEF: 11/14/2022 CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE 652352/2018 STOLPER, STELLA vs. BURBACKI, ZARINA Page 2 of 2 Motion No. 016 2 of 2