Safflane Holdings Ltd. et al v. Gagosian Gallery, Inc.

Filing 103

FILING ERROR - DUPLICATE DOCKET ENTRY - AFFIRMATION of Dean T. Cho in Opposition re: 80 MOTION for Default Judgment as to Charles Cowles., 93 MOTION for Default Judgment as to Charles Cowles. Document filed by Charles Cowles. (Cho, Dean) Modified on 2/9/2012 (db).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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SAFFLANE HOLDINGS LTD., and
ROBERT WYLDE,
Plaintiffs,

11 CIV 1679 (DLC)(MHD)

-againstGAGOSIAN GALLERY, INC., and
CHARLES COWLES,

OPPOSITIO AFFIRMATIO
OF DEA T. CHO, ESQ.

Defendants.
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GAGOSIAN GALLERY, INC.,
Third-Party Plaintiff,
-againstCHARLES COWLES,
Third-Party Defendant.
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DEAN T. CHO, an attorney duly admitted to practice before the Bar of this Court
and the Courts of the State of New York, hereby affirms under penalties of perjury as
follows:
1.

I am counsel for Defendant/Third-Party Defendant Charles Cowles in this

action. Except where otherwise noted, I am fully familiar with the facts set forth herein.
I respectfully submit this affirmation in opposition to the motion of Defendant/ThirdParty Plaintiff Gagosian Gallery, Inc. (“GGI”) for a default judgment against Mr. Cowles
and in opposition to the purported damages being claimed by GGI as the assignee of the
claims of Plaintiffs Safflane Holdings Ltd. (“Safflane”) and Robert Wylde (“Wylde”)

(collectively, the “Safflane Plaintiffs”) against Mr. Cowles (the “Safflane Inquest
Proceeding”).
2.

Annexed hereto as Ex. A are relevant excerpts of the transcript of the

September 23, 2011 deposition of John Good, the employee of GGI who was actively
involved in the various transactions at issue in this action. The excerpts of Mr. Good’s
depositions set forth a number of Mr. Good’s material admissions that are highly relevant
to the issues presented by GGI’s motions.
3.

Annexed hereto as Ex. B is the Settlement Agreement dated as of October

12, 2011, by and between the Safflane Plaintiffs and GGI. This Settlement Agreement
contains various provisions that are highly relevant to the issues presented by GGI’s
motions.
WHEREFORE, I respectfully request that GGI’s motion for a default and motion
to set damages pursuant to the Safflane Inquest Proceeding should be denied in their
entirety.
Dated: February 8, 2012

________________/s/_________________
Dean T. Cho