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

Filing 12

AFFIDAVIT of John Good in Support re: 9 MOTION to Dismiss.. Document filed by Gagosian Gallery, Inc.. (Attachments: # 1 Exhibit A)(Bart, Hollis)

WITHERS BERGMA LLP
Holls Gonerka Bar (H-8955)
Brian Duefsky (BD-3554)

Dara G. Hamerman (DH-1591)
Azina Jasani (AJ-4161)
430 Park Avenue, 10th Floor

New York, New York 10022
212.848.9800 (P)

212.848.9888 (f)
Attorneys for Defendant Gagosian Gallery, Inc.

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

Plaintiff, AFFIDAVIT OF JOHN GOOD
IN SUPPORT OF

-agaist-

DEFENDANT'S MOTION TO

DISMISS THE COMPLAIT
GAGOSIAN GALLERY, INC.,
11 Civ. 1679 (DLC)

Defendant.

----------------------------------------------------------------------)(

John Good, being duly sworn, deposes and says:

1. My name is John Good and I am employed by Gagosian Gallery, Inc. as a Director. I
have been an employee of

Gagosian Gallery since 1998. I respectflly submit this affdavit to

place before the Cour inormation referred to in plaintiffs' Complaint.

2. Afer Robert Wylde ("Wylde") e)(pressed an interest in purchasing Mark Tansey's
paiting, The Innocent Eye Test (the "Painting"), I aranged for Wylde to view the Painting, so
that the representation Charles Cowles ("Cowles") had made to me that he owned the Painting
could be confired for Wylde. If

the Paiting was in Cowles' gallery, then, for Wylde, it

validated the fact that Cowles was the owner of the Paiting, and could sell it.

document number. NY2380210009-US-1105597/3

3. On or about July 27,2009, Wylde and I went to view the Paiting hanging in Cowles'
Wylde, pointing to the Tansey Paiting, "So,

gallery. Whle there, I asked Cowles in front of

this is yours?" Cowles replied, "Yes, this is mine. It's a great painting." After walking around

looking at other thigs Cowles was offerig for sale, Wylde, lookig at the Tansey, asked
Cowles, "So this is yours to sell?" Cowles answered, "Yes."

the Complaint, plaitiffs refer to communcations between Wylde

4. In Paragraph 18 of

and me. Attached hereto as E~bit A is a tre and correct copy of an email e)(change I had with

which read, "(P)romised gift of (C)harles (C)owles in (H)onour of

Wylde, the subject line of

(W)illam (S.) (L)ieberman."

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

May, 2011

ALYSSA KOERNER

Not Public, State of New Yor
No. 02BE6123029

Cualifed in New York Coun /2Commision Exires Februry 28, 20_

2
1105597.3.