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

Filing 107

FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY AFFIRMATION of Dara G. Hammerman in Opposition re: 81 MOTION for Default Judgment as to Charles Cowles., 93 MOTION for Default Judgment as to Charles Cowles.. Document filed by Gagosian Gallery, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Hammerman, Dara) Modified on 2/27/2012 (db).

WITHERS BERGMAN LLP

Hollis Gonerka Bart (HB-8955)
Brian Dunefsky (BD-3554)
Dara G. Hammerman (DH-1591)
AzminaN. Jasani (AJ-4161)
430 Park Avenue, 10th Floor
New York, New York 10022
212.848.9800 (p)
212.848.9888 (f)
A ttorneys for Defendant/Third-Party Plaintiff
Gagosian Gallery, Inc.

UNITED STATES DISTRICT COURT
KO
SOUTHERN DISTRICT OF NEW YOR
SAFFLANE HOLDINGS LTD., and
ROBERT WYLDE,
Plaintiffs,
-againstGAGOSIAN GALLERY, INC.,
Defendant.

------------------ - ------------------x
GAGOSIAN GALLERY, INC.,
Third-Party Plaintiffs,
-againstCHARLES COWLES,

Case No.: 11 CIV 1679 (DLC)(MHD)

DECLARATION OF DARA G.
HAMMERMAN IN SUPPORT OF
DEFENDANT/THIRD-PARTY
PLAINTIFF’S REPLY MEMORANDUM
OF LAW IN RESPONSE TO CHARLES
COWLES’ OPPOSITION TO
MOTION FOR DEFAULT JUDGMENT
AND TO THE DAMAGES
DEMONSTRATED BY GAGOSIAN
GALLERY, INC. IN THE SAFFLANE
INQUEST PROCEEDING

Third-P arty D e fend ant.

--------------------- -------------x
DARA G. HAMMERMAN, being duly sworn, deposes and says:
I am a member of the bar of the state of New York and of this Court and an
associate at the law firm of Withers Bergman LLP ("Withers"), attorneys for Defendant/ThirdParty Plaintiff Gagosian Gallery, Inc. in this action.
2.

Annexed hereto as Exhibit A is a true and correct copy of the Affidavit for

Judgment by Confession of Charles Cowles, dated September 2, 2010.

document number: NY23802/001 4-US-i 407298/1

3.

Annexed hereto as Exhibit B is a true and correct copy of relevant excerpts from

the deposition of Charles Cowles, taken on July 13, 2011.
4.

Annexed hereto as Exhibit C is a true and correct copy of Charles Cowles’ letter

to John Good, dated November 19, 2009.
5.

Annexed hereto as Exhibit D is a true and correct copy of relevant excerpts from

the deposition of John Good, taken on September 23, 2011.
6.

Annexed hereto as Exhibit E is a true and correct copy of the Stipulation of

Dismissal, which was executed by counsel for Saffane Holdings, Ltd., Robert Wylde, and
Gagosian Gallery, Inc. on October 18, 2011, and so ordered by Magistrate Judge Dolinger on
November 4, 2011.

A

"

A6

Dara G. Hammerman
Sworn to before me this
day of February, 2012

24th

Ulc~~,Y-oz

-

NOTARYBLI
CHI-YU L!ANG
Notary Public, State of New York
No, 02L161 46786
Qualified in New York County
Commission Expires July 22, 20.,.I

document number:

Ny23802/0014-tJS-1407298/1