SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK MADONNA CICCONE, in both her individual capacity and as Trustee of the CICCONE 1989 TRUST, -against- Plaintiff, GOTTA HAVE IT! COLLECTIBLES, INC. d/b/a GOTTA HAVE ROCK AND ROLL LLC, PETE SIEGEL, DARLENE LUTZ, JOHN DOES #1-200 (a fictitious name), GOTTA HAVE ROCK AND ROLL.COM LLC, EDWARD KOSINSKI, Index No. 156454/2017 Hon. Gerald Lebovits Part 7 Motion Seq. Nos. 001 and 005 Defendants. AFFIRMATION OF LINDSAY E. HOGAN, ESQ. IN SUPPORT OF DEFENDANTS OPPOSITION TO PLAINTIFF S MOTION FOR A PRELIMINARY INJUNCTION AND IN SUPPORT OF DEFENDANTS MOTION TO DISMISS AND FOR SANCTIONS I, Lindsay E. Hogan, an attorney admitted to practice law before the Courts of the State of New York, hereby declare under penalty of perjury as follows: action. 1. I am counsel to Defendant Darlene Lutz in connection with the above-captioned 2. I submit this Affirmation in support of Defendants Opposition to Plaintiff s Motion for A Preliminary Injunction and in support of Defendants Motion to Dismiss and for Sanctions. Exhibit A. 3. A true and correct copy of Plaintiff s Complaint, Docket No. 34, is attached as 4. A true and correct copy of the May 25, 2004, Settlement Agreement between Plaintiff and Ms. Lutz is attached as Exhibit B. 1 1 of 8
5. A true and correct copy of the July 18, 2017, Affirmation of Plaintiff Madonna Ciccone, Docket No. 7, is attached as Exhibit C. 6. A true and correct copy of Ms. Lutz s August 16, 2017, Verified Responses to Plaintiff s Amended First Set of Interrogatories is attached as Exhibit D. 7. A true and correct copy of the July 10, 2017, letter from Proskauer Rose LLP on behalf of Plaintiff to Gotta Have It Collectibles, Inc. is attached as Exhibit E. 8. A true and correct copy of the Gotta Have Rock and Roll website reflecting Madonna items in The Rock & Roll Pop Culture Auction July 2017, from July 18, 2017, is attached as Exhibit F. 9. A true and correct copy of the Gotta Have Rock and Roll website reflecting Madonna items Plaintiff alleges were consigned by Ms. Lutz in The Rock & Roll Pop Culture Auction July 2017, from July 18, 2017, is attached as Exhibit G. 10. A true and correct copy of the description of Lot #9 in The Rock & Roll Pop Culture Auction July 2017, Madonna Handwritten Love Letter to John Enos, is attached as Exhibit H. 11. A true and correct copy of highlighted excerpts from the transcript of the September 7, 2017, deposition of Defendant Edward Kosinski relating to Lot #9 is attached as Exhibit I. 12. A true and correct copy of the document produced at GHI000014 is attached as Exhibit J. 13. A true and correct copy of the description of Lot #10 in The Rock & Roll Pop Culture Auction July 2017, Madonna Handwritten & Signed Love Letter to Peter Shue and Personally Worn Panties, is attached as Exhibit K. 2 2 of 8
14. A true and correct copy of highlighted excerpts from the transcript of the August 22, 2017, deposition of Plaintiff Madonna Ciccone relating to Lot #10 is attached as Exhibit L. 15. A true and correct copy of highlighted excerpts from the transcript of the September 7, 2017, deposition of Defendant Edward Kosinski relating to Lot #10 is attached as Exhibit M. 16. A true and correct copy of the video appearing at http://www.tmz.com/2017 /07/20/peter-shue-madonna-panties-auction-pay-me/ (last visited September 15, 2017), is enclosed as Exhibit N. 17. A true and correct copy of the documents produced at GHI00009-13 is attached as Exhibit O. 18. A true and correct copy of the description of Lot #13 in The Rock & Roll Pop Culture Auction July 2017, Madonna Handwritten Thanksgiving Dinner Tribute To Her Brother Christopher Circa 1991-92, is attached as Exhibit P. 19. A true and correct copy of highlighted excerpts from the transcript of the August 22, 2017, deposition of Plaintiff Madonna Ciccone relating to Lot #13 is attached as Exhibit Q. 20. A true and correct copy of highlighted excerpts from the transcript of the September 7, 2017, deposition of Defendant Edward Kosinski relating to Lot #13 is attached as Exhibit R. 21. A true and correct copy of the description of Lot #14 in The Rock & Roll Pop Culture Auction July 2017, Madonna 1990 Blond Ambition Tour Handwritten & Signed Letter to Her Brother Chris, is attached as Exhibit S. 22. A true and correct copy of highlighted excerpts from the transcript of the August 22, 2017, deposition of Plaintiff Madonna Ciccone relating to Lot #14 is attached as Exhibit T. 3 3 of 8
23. A true and correct copy of highlighted excerpts from the transcript of the September 7, 2017, deposition of Defendant Edward Kosinski relating to Lot #14 is attached as Exhibit U. 24. A true and correct copy of the description of Lot #33 in The Rock & Roll Pop Culture Auction July 2017, Madonna Handwritten & Signed Letter Circa 1993, is attached as Exhibit V. 25. A true and correct copy of highlighted excerpts from the transcript of the August 22, 2017, deposition of Plaintiff Madonna Ciccone relating to Lot #33 is attached as Exhibit W. 26. A true and correct copy of highlighted excerpts from the transcript of the September 7, 2017, deposition of Defendant Edward Kosinski relating to Lot #33 is attached as Exhibit X. 27. A true and correct copy of the description of Lot #37 in The Rock & Roll Pop Culture Auction July 2017, Madonna Personal Checkbook with Handwritten Note, is attached as Exhibit Y. 28. A true and correct copy of highlighted excerpts from the transcript of the September 7, 2017, deposition of Defendant Edward Kosinski relating to Lot #37 is attached as Exhibit Z. 29. A true and correct copy of the description of Lot #62 in The Rock & Roll Pop Culture Auction July 2017, Madonna s Personally Owned and Used Hairbrush With Her Hair, is attached as Exhibit AA. 30. A true and correct copy of highlighted excerpts from the transcript of the August 22, 2017, deposition of Plaintiff Madonna Ciccone relating to Lot #62 is attached as Exhibit BB. 4 4 of 8
31. A true and correct copy of highlighted excerpts from the transcript of the September 7, 2017, deposition of Defendant Edward Kosinski relating to Lot #62 is attached as Exhibit CC. 32. A true and correct copy of the description of Lot #65 in The Rock & Roll Pop Culture Auction July 2017, Madonna s Miami Home Original Photograph Collection, is attached as Exhibit DD. 33. A true and correct copy of highlighted excerpts from the transcript of the August 22, 2017, deposition of Plaintiff Madonna Ciccone relating to Lot #65 is attached as Exhibit EE. 34. A true and correct copy of highlighted excerpts from the transcript of the September 7, 2017, deposition of Defendant Edward Kosinski relating to Lot #65 is attached as Exhibit FF. 35. A true and correct copy of Linda O Keeffe, Madonna in Miami, WORLD OF INTERIORS, September 1994, at 56-67, is attached as Exhibit GG. 36. A true and correct copy of the Residential Design page for Christopher Ciccone, http://www.christopherciccone.com/residential/ (last accessed September 15, 2017) is attached as Exhibit HH. 37. A true and correct copy of the documents produced at LUTZ000049-52 is attached as Exhibit II. 38. A true and correct copy of the description of Lot #66 in The Rock & Roll Pop Culture Auction July 2017, Madonna Personally Owned Bachelorette Party Photos and Negatives, is attached as Exhibit JJ. 5 5 of 8
39. A true and correct copy of highlighted excerpts from the transcript of the August 22, 2017, deposition of Plaintiff Madonna Ciccone relating to Lot #66 is attached as Exhibit KK. 40. A true and correct copy of highlighted excerpts from the transcript of the September 7, 2017, deposition of Defendant Edward Kosinski relating to Lot #66 is attached as Exhibit LL. 41. A true and correct copy of the description of Lot #78 in The Rock & Roll Pop Culture Auction July 2017, Rosie O Donnell Original Faxed Letters to Madonna (2), is attached as Exhibit MM. 42. A true and correct copy of highlighted excerpts from the transcript of the August 22, 2017, deposition of Plaintiff Madonna Ciccone relating to Lot #78 is attached as Exhibit NN. 43. A true and correct copy of highlighted excerpts from the transcript of the September 7, 2017, deposition of Defendant Edward Kosinski relating to Lot #78 is attached as Exhibit OO. 44. A true and correct copy of the description of Lots #109-119 in The Rock & Roll Pop Culture Auction July 2017, is attached as Exhibit PP. 45. A true and correct copy of highlighted excerpts from the transcript of the August 22, 2017, deposition of Plaintiff Madonna Ciccone relating to Lots #109-119 is attached as Exhibit QQ. 46. A true and correct copy of highlighted excerpts from the transcript of the September 7, 2017, deposition of Defendant Edward Kosinski relating to Lots #109-119 is attached as Exhibit RR. 6 6 of 8
47. A true and correct copy of the description of Lot #128 in The Rock & Roll Pop Culture Auction July 2017, Tupac Shakur Handwritten & Signed Letter to Madonna from Prison, is attached as Exhibit SS. 48. A true and correct copy of highlighted excerpts from the transcript of the August 22, 2017, deposition of Plaintiff Madonna Ciccone relating to Lot #128 is attached as Exhibit TT. 49. A true and correct copy of highlighted excerpts from the transcript of the September 7, 2017, deposition of Defendant Edward Kosinski relating to Lot #128 is attached as Exhibit UU. 50. A true and correct copy of highlighted excerpts from the transcript of the August 22, 2017, deposition of Plaintiff Madonna Ciccone relating to her relationship with Christopher Ciccone is attached as Exhibit VV. 51. A true and correct copy of the documents produced at LUTZ000044-45 is attached as Exhibit WW. 52. A true and correct copy of highlighted excerpts from the transcript of the August 22, 2017, deposition of Plaintiff Madonna Ciccone relating to the end of her personal and professional relationship with Ms. Lutz is attached as Exhibit XX. 53. A true and correct copy of the documents produced at LUTZ000040-41 is attached as Exhibit YY. 54. A true and correct copy of the documents produced at MCGH000136-140 is attached as Exhibit ZZ. 55. A true and correct copy of the July 19, 2017, Affidavit of Darlene Lutz, Docket No. 26, is attached as Exhibit AAA. 7 7 of 8
56. A true and correct copy of the documents produced at LUTZ00000l-48 is attached as Exhibit BBB. 57. A true and correct copy of Richard Johnson, "Get ready for the biggest Madonna auction ever," PAGE Srx, August 20, 2014, http://pagesix.com/2014/08/20/get-ready-for-thebiggest-madonna-auction-ever/ (last accessed September 15, 2017) is attached as Exhibit CCC. 58. A true and correct copy of highlighted excerpts from the transcript of the August 22, 2017, deposition of Plaintiff Madonna Ciccone relating to regifting is attached as Exhibit ODD. 59. A true and correct copy of the hearing transcript from the July 20, 2017, hearing is attached as Exhibit EEE. 60. A true and correct copy of the hearing transcript from the September 5, 2017, hearing is attached as Exhibit FFF. 61. A true and correct copy of the compressed and redacted transcript of the August 22, 2017, deposition of Plaintiff Madonna Ciccone is attached as Exhibit GGG. 62. A true and correct copy of the compressed transcript of the September 7, 2017, deposition of Defendant Edward Kosinski is attached as Exhibit HHH. Dated: September 15, 2017 New York, New York 8 8 of 8