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

Filing 11

AFFIDAVIT of Hollis Gonerka Bart in Support re: 9 MOTION to Dismiss.. Document filed by Gagosian Gallery, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Bart, Hollis)

WITHERS BERGMAN LLP
430 Park A venue, ioth Floor
New York, New York 10022
212.848.9800 (p)

212.848.9888 (f)
Holls Gonerka Bart (HB-8955)
Dara G. Hammerman (DH-1591)
Attorneys for Defendant Gagosian Gallery, Inc.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
- --- - --- --- ---- --- --- --- -- -- -- --- - ------- --- -- -- - -- --- - --- -- - --- ------ )(

SAFFLANE HOLDINGS LTD., and
ROBERT WYLDE,

AFFIDAVIT OF

Plaintiff, HOLLIS GONERK BART IN
SUPPORT OF DEFENDANT'S

MOTION TO DISMISS THE
COMPLAINT

-against-

GAGOSIAN GALLERY, INC.,
11 Civ. 1679 (DLC)
Defendants.
-- -- --- - --- - -- - --- -- ---- -- -- - - -- ----- - --- --- - -- - --- - - --- -- - - -- ------ -- )(

Holls Gonerka Bart hereby affirms under penalty of perjury:

1. I am a member of the law firm of Withers Bergman LLP, attorneys for defendant
Gagosian Gallery, Inc., and I make this affidavit on behalf of Gagosian Gallery in support of its
Motion to Dismiss the Complaint.
2. Anne)(ed hereto as E)(hibit A is a true and correct copy of

the October 23,2009

invoice issued by Gagosian Gallery to Robert Wylde in relation to the Millonaire Nurse.

3. Ane)(ed hereto as E)(hibit B is a true and correct copy of a print-out of the
Metropolitan Museum of Art's Collection Database webpage regarding The Innocent Eye Test.
4. Anne)(ed hereto as E)(hibit C is a true and correct copy ofthe July 31, 2009 invoice

issued by Gagosian Gallery to Saffane Holdings, Ltd. in relation to The Innocent Eye Test.

document number: NY23802/0009-US-1105231/4

5. Anne)(ed hereto as E)(hibit D is a true and correct copy of a New York Times article,

published March 11, 2011, and titled "Collector Sues Gagosian Gallery for Selling Him a
Painting Partially Owned By Met."
6. Ane)(ed hereto as E)(hibit E is a true and correct copy ofthe Complaint filed in the

New York on behalf of The Metropolitan

United States District Cour in the Southern District of

Museum of Ar and Jan Cowles against Saffane Holdings, Ltd. and Robert Wylde, dated May

10,2011.

~Q.A Lb ~r
Holls Gonerka Bart

May, 2011.

~&i~

Subscribed to and sworn to before me this 11th day of

OTAR PUBLIC

ALYSA KOERNER
Nory Public, State of New Yor
No.02BE6123029

Q~I.ifed in ~ew York Count "1CommlSio Exires Februry 28,20_

2

document number: NY23802/0009-US-11 05231/4