FILED: NEW YORK COUNTY CLERK 0/0/0 INDEX NO. /0 NYSCEF DOC. NO. - RECEIVED NYSCEF: 0/0/0 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY - CIVIL TERM - PART ----------------------------------------------x HILARY KOLODIN, p/k/a HILARY KOLE, -against- PLAINTIFF, JOHN R. VALENTI, a/k/a GIANNI VALENTI, JAY ARVEE, INC., d/b/a BIRDLAND, and HOWARD WEISS, DEFENDANTS ----------------------------------------------X Index No. / 0 Centre Street New York, New York March, 0 B E FOR E: HONORABLE EILEEN BRANSTEN, Justice A P PEA RAN C E S: LEWIS & GARBUZ, P.C. Attorneys for the Plaintiff 0 East nd Street, Suite 00 New York, New York 0 BY: LAWRENCE I GARBUZ, ESQ. HANLY CONROY BIERSTEIN SHERIDAN FISHER HAYES, LLP Attorneys for John R. Valenti Madison Avenue New York, New York 00- BY: JAYNE CONROY, ESQ.
THE COURT CLERK: This is Hilary Kolodin against John R. Valenti, index number of 0. Lewis & Garbuz. Mr. Garbuz. Yes, Your Honor, Lawrence Garbuz, I get the impression there is a motion to dismiss the complaint pending in room 0 downstairs. 0 That is correct. And that particular motion to dismiss is done by John R. Valenti or the attorneys for; am I correct? That is correct. And that is based on an amended complaint that was filed, I assume e-filed; am I correct? Well, the motion, if I could correct 0 Your Honor, the amended complaint was filed in response to the motion to dismiss and - The amended complaint was filed in response to the original complaint; right? Correct, Your Honor. The original complaint was filed when? the tail end of 0. Honor. I would, if I had to guess, maybe in I don't have the exact date, Your And the amended, the original complaint
was between Hilary Kolodin p/k/a Hilary Kole against John R. Valenti a/k/a Gianni Valenti Jayarvee, Incorporated, doing business as Birdland. That's correct, it's the same plaintiff and same defendants in the original complaint and the amended complaint. And Ms. Kolodin is claiming what in the original complaint against Mr. Valenti? 0 Ms. Kole, as she's professionally known, it's a contract dispute. The parties were in an intimate relationship for a number of years. Mr. Valenti is the owner of a jazz club called the Birdland and Ms. Kole is a very well known jazz musician. There were some contracts that were entered between the two of them towards the tail end of their relationship. The original complaint dealt 0 with the enforceability of those contracts. Why we're here today - Is because he threatened Miss - Mr. Valenti threatened to expose videos of Ms. Kole. Intimate videos and pictures that he has threatened in the past to send to people within the industry, colleagues, other individuals who Ms. Kale had regularly performed with for the sole purpose of embarrassing her. All right, wait a second. Why are you
in a Commercial Division? Commercial Division. I don't believe this belongs in the The defendants are the ones who sought this matter to be in the Commercial Division. here? Why am I not dealing with two parties We have provided them with notice 0 that we were going to move this morning for a T.R.O. and we FAXed both Mr. Valenti's attorney, and there was also an accountant, Mr. Weiss, we FAXed him and I have not received any response. Good. We'll come back at :. Where are these people? What's the name of the attorney? for Mr. Valenti. Mr. Hanly and Ms. Conroy are counsel You can't just tell me a name, you have to tell me the law firm. Here is Paul Hanly of Hanly Conroy, et cetera, et cetera? 0 Yes. ----00. Mr. Hanly, Junior lives at direct number (Judge calling.) That is the number that I have, Your Honor. UNIDENTIFIED PERSON: Hanly Conroy.
Yes, hi, I'm looking for Mr. Hanly. UNIDENTIFIED PERSON: He's not here. Would you like to speak to our managing clerk? No. This is Justice Eileen Bransten. I want to speak to Mr. Hanly. UNIDENTIFIED PERSON: Would you hold on for a second, if I can find him on the cell phone. Thank you. 0 UNIDENTIFIED PERSON: (On hold.) You're welcome. Yes, this is Jayne Conroy. Ms. Conroy, I'm looking for Paul Hanly. Are you his - I'm his law partner. He is not available today, I'm sorry, he's having a medical procedure today. But I can help you. Okay, well, I tell you, I have a T.R.O. 0 that's been presented to me by Lawrence Garbuz for an injunction, a T.R.O. and I would like you, Ms. Conroy, since Mr. Hanly is not available to corne down and represent the firm and represent John R. Valenti a/k/a Gianni Valenti, in my Courtroom this afternoon at :. Can you do that? I can. What did you say, :? Yes.
Yes, that would be fine. And you're at 0 Centre? Yes, room. Perfect, I will be there. appreciate it. Good. Thank you very much, Ms. Conroy I Sorry you had to go through all this, Judge. 0 As long as I get you and then we'll talk about it when we get together, all right. I'll see you this afternoon. Very good. Goodbye. All right, we'll see you, here, back here at :. Thank you, Your Honor. (Whereupon, the Court takes a luncheon recess.) (P. M. S E S S ION.) 0 All right, please set up. I have Cori Robinson and Mr. Garbuz for the plaintiffs and for the defendants Jayne Conroy. That's correct. I have, question number one, why is this matter in the Commercial Division, Ms. Conroy? one that chose; right? You're the Yes, well, as far as we understand it's a contract dispute.
That doesn't mean it comes to the Commercial Division, Commercial Division has lots of rules, including a minimum amount that you're asking, that you're asking for in the complaint, minimum of 0,000. We're thinking of raising it to 00,000, so that's kind of like the seriousness of the case. Does this have a $0,000 in demands? Yes, Your Honor, at least. 0 Why? Well, there is two elements to this. There's the bank accounts which we believe belong to the plaintiff, Ms. Kole. This is a matrimonial dispute, except they never got married; right? This is not going to stay in the Commercial Division. a case. I don't have time for this kind of Just to address the second part, there's a reporting contract and managing contract. The 0 value of that contract is probably a multiple of $0,000 in terms of determining the enforcement of that, but you're absolutely correct, this sounds -- seems like a matrimonial but the parties are not married. It is unfortunate, because this morning I had a case where they were married and it ended up in the right place, which is the Matrimonial Division.
0 Look, Ms. Conroy, this concept that former special person, Mr. Valenti is going to use what was probably produced in the course of more intimate moments between the two of them and for their own pleasure and use, that as a weapon against the other side is intolerable, you understand that. I certainly do, Your Honor. In fact I was surprised when I received -- we would never have filed that, but under seal, but, which I'm happy to do if we even choose to do it. We haven't even read the reply papers yet but I don't disagree. Well, I'm telling you that -- are you telling me that downstairs in the Motion Support Offices, the Motion Support Office is under your motion to dismiss there's these pictures hanging out there? Absolutely not, Your Honor. They have not been filed and they are not attached as exhibits. Well, I want, in fact I want Mr. Valenti 0 down here. I want him on the record to promise never to use those pictures in a matrimonial dispute as far as I'm concerned, ever, even thinking about it. Your Honor, I can certainly have that, make that happen for you. It concerns me, I will tell you, if there are in fact videos and pictures of that nature after they, the couple were --Ms. Kole claims they
separated, I think that creates a very different issue for the Court than videos and pictures that may have been taken prior to separation. I am not about to find out, I'm just not, because I honestly think that the whole concept, whole concept of using those kinds of information on both sides by the way, because obviously, it seems to me that Ms. Kolodin also has copies of these things; am I right? 0 only has pictures. Your Honor, I believe that Ms. Kole 0 Kolodin is her name under my caption. P/k/a means preferably know as? I think professionally known. I think the photographs she has are photographs that relate to her, but of course if there are any pictures of any kind of Mr. Valenti she, of course will not make those public, and that's we're happy to agree. All right, the person that gets really hurt is Ms. Kolodin. Where is Mr. Valenti? He's at work, today. And where is work? Birdland Jazz Club. Does he care to come down here? I'm sure he will, Your Honor, but I
0 can represent to you, he absolutely will not be attaching or using using those videos, if that's the Court order, which I assume it is. It is. I have no issue with that. I can have him come down but -- I can have him do whatever you like to assure that that's the way it proceeds. Your Honor, if I may, prior counsel 0 David Weinstein had indicated that those photographs would never see the light of day when we had discussions. We were 0 surprised in reading the motion to dismiss that counsel had reserved the right to publish those pictures as part of their reply. Now, I certainly will take counsel's word that they will not do anything other than having photographs that they so desire to have them filed under the seal, and I certainly would acknowledge that. However, absent an order from this particular Court, I don't believe that counsel can restrain her own client from being able to - Not if he's putting papers into answers replies of a motion to dismiss downstairs. If that's the threat then obviously, counsel is going to be in charge of that, and she's the one, under her name and the firm's name to actually put the pictures in. So that doesn't worry me,
restraining Mr. Valenti from doing that. That's why he can come down here and give me his word that he won't, all right. immediately. So weill wait on him. Tell him to come down here Yes, Your Honor I'll step outside and call him. 0 Yes, please. (Whereupon, a brief recess was taken.) (Record resumed.) All right, first place, I want to thank you, Mr. Valenti for coming down, I appreciate it, and such short notice, too. So I appreciate it. 0 We're here because I have before me an order to show cause that basically asks me to put in what's called Temporary Restraining Order prohibiting you and counsel and anybody else who might have knowledge of this, from distributing what is defined as video number one, video number two, the photographs and the e-mails, all of which are referred to in the annexed affidavit that involve pictures that were taken when I understand you, Mr. Valenti and Ms. Kolodin were involved together, and they apparently, to put it mildly risque, if nothing else and not pleasant to look at, unless you're in an intimate relationship that's fine, but if you're not, to have others look at it would be
detrimental to Ms. Kolodin and even to you, I would think, if it came out the other way it would be detrimental to you. So what I asked you to come down here for is because I explained to counsel that this matter is not appropriately before the Commercial Division. The 0 Commercial Division, one of my cases is Countrywide Securitazations I've got six of them, and I've got an insurance case that has insurance people, lawyers on one side and five on the other. So, that kind of case, all of which people find fascinating, but not as, maybe not as interesting as yours, but nevertheless. So, I am going to be sending this case out, and what I wanted, what I'm asking you down here for is because I wanted to get your personal assurance, I got the assurance from your counsel and from the other side, too, that nobody is going to use these pictures, nobody is going to send them out, nobody is going to go around anybody's back. But since 0 it was well pointed out, there is no way that, unless I see you I can ask you personally, I can't order you, all right, I can't order you on these papers. So I'm asking you, Mr. Valenti, are you willing to commit that you will not be using the photographs and the videos and et cetera, et cetera, and disseminate them to anybody but you or Ms Kolodin? The two of you could have them, obviously, but nobody in the general public.
MR. VALENTI: I give you my word, yes. Stand up, please. Mr. Valenti, do give you your word, that includes your business partners; right? MR. VALENTI: Absolutely. That includes your best friend. 0 MR. VALENTI: No one whatsoever. Very good. Now with that I'm going to deny you your T.R.O., it's not necessary, and I don't see any reason to even think that you'll be in any way, Ms. Kolodin will in any way be violated. T.R.O.. So I deny you your I am going to begin preparing a gray sheet to send this matter back and this is what I wrote so far. The matter is respectfully referred back to Motion Support for random reassignment to a non- commercial part. This matter, while not a matrimonial case is nevertheless in the nature of a matrimonial breakup. The 0 matter before the Court today, Motion Sequence Number two was plaintiff's request for T.R.O. prohibiting the dissemination of pictures and videos number and, created during the parties' relationship. I'll read you what I have next. (Pause. ) I'm going to add this and The only thing you're asking for in
Motion Sequence Number is a T.R.O.; is that correct? MS. ROBINSON: That's correct. 0 All right, so therefore as a result of this are you withdrawing Motion Sequence Number? MS. ROBINSON: Well, Your Honor in abundance of caution we would also like to make certain that in the event that counsel deems it necessary to present photographs or videos, that there would be in-camera review of those before they are part of the record. That's not what you asked for and I'm denying that. Ask that of another Judge, okay. So are you withdrawing Motion Sequence Number? Yes, Your Honor, we are. Is it the complaint and amended complaint or just a complaint? not yet been accepted. Amended complaint, Your Honor. Your Honor, the amended complaint has They have moved for leave to file 0 the amended complaint because we've already filed our papers to dismiss the complaint. I believe we have a right to amend as a right. Is that a cross-motion? I believe - I just got the papers today and the
amended complaint, so I know that there's a right to amend but I'm just stating that it's not technically the amended complaint, yet. You see, that's true, but your motion to dismiss is a pre-answer motion to dismiss. I know. I know I lose the motion. You do lose the motion if you have an amended complaint, however you have a right to make another 0 motion to the amended complaint. You may have to change whatever you have to do, and as such you dont have to answer it until there's a motion on the amended complaint. of a limbo. So technically, were in a little bit But I don't know that yet. So what m doing is a motion to dismiss the complaint because that's what we have right now, the amended complaint is just coming in now. 0 Right. All right, so I left off, the parties agree that Mr. John R. Valenti came to Court to assure the Court on the record, Angela Bonello, Senior Court Reporter, that he would not disseminate these pictures and/or videos number and to anyone. As a result, the Court denied the T.R.O. thereafter withdrew their Motion Sequence Number. Plaintiff The
only matter remaining is Motion Sequence Number I, which is the defendant's motion to dismiss the complaint. This constitutes the decision and order of the Court which is now pending in Motion Support. This constitutes the decision and order of the Court. date is March, 0. Today's All right, good luck. It's best that, I can just give you a piece of advice, it's best to resolve it. 0 Thank you, Your Honor. MS. ROBINSON: Thank you. Sometimes it takes an effort, sometimes it takes other things, and sometimes it just means backing off a bit. Take it from someone who's done matrimonials. Your Honor, may I just make one 0 request, it may even be included in your first sentence of the order, and I recognize this is going to another part but could I have counsel's assurance on the record that Ms. Kolodin will likewise not disseminate any videos or photographs? Well, since it seems to me that the gist of their papers was something along the lines that it would be detrimental to Ms. Kolodin and it would be very embarrassing and et cetera, and et cetera, I assume you wouldn't even dream of disseminating these pictures and videos; am I correct?
You're absolutely correct, Your Honor. And to respond to Ms. Conroy, you have our assurance 0 that Ms. Kole will not disseminate the pictures that you reference in the report. If I ever heard, this thing may come back to me, if I ever heard that these pictures were out in the public domain because the claim would be that Mr. Valenti did it behind your back, Judge, and it turned out that it's Ms. Kole that did it, you tell Ms. Kole for me that she doesn't want to be in front of me. I am an ex-d.a. and I'll be happy to take whatever measures I can. I don't expect it to be an issue. Thank you. And it won't be from us, either. much for coming down. Have a good day, and thank you very 0 In fact, to make sure it's part of the record once I get the record, I'll so order it so it will be uploaded in the computer system. C E R T I F I CAT E It is ~ by C~tified~ the foregoing is a true and accurate transcript ol/the~proce~d' gs. I f / I / Lddd--/~-~----------------! ~. J ANGELA BONELLO SENIOR COURT REPORTER SUPREME COURT-NEW YORK COUNTY