FILED: NEW YORK COUNTY CLERK 09/15/ :53 PM INDEX NO /2017 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 09/15/2017 EXHIBIT I
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1 EXHIBIT I
2 Page 9 2 Q. So I'll try to help you with that. 3 A. Okay. 4 Q. Okay. And do you recall when you 5 looked at the attachment to the consignment 6 agreement between your company and Ms. Lutz 7 that Ms. Lutz had typed into the attachment as 8 to what she was consigning was that it was one 9 letter, Madonna, Jim Albright, of Jim Enos. 10 Do you recall that? 11 MR. GROSSMAN: Objection to form. 12 A. Can you repeat that? 13 Q. Sure. Am I correct that Ms. Lutz 14 listed on the attachment to the consignment 15 agreement a letter with the notations Jim 16 Albright and John Enos? 17 A. I remember she typed something 18 on -- I don't know if it was exactly that that 19 she typed but she did type something like 20 that. 21 Q. Okay. And while you're looking 22 for the agreement, she actually did offer to 23 consign to you the original letter that ended 24 up being lot 9, correct? 25 A. Of what?
3 Page 10 2 Q. Of the letter from my client to 3 Jim Albright. 4 A. No. That's not correct. 5 Q. Why was it on the attachment then? 6 A. She had a copy -- she had a copy 7 of the letter and when I first met with her 8 she didn't know -- well, she didn't know if it 9 was John Enos or Jim Albright because I think 10 the letter was to J and she wasn't certain. 11 And I knew that was a question. And I had 12 told her -- well, I knew that I had bought Jim 13 Albright's collection years ago. And after I 14 left Darlene's apartment I took all the items 15 that I took from her for the auction back to 16 my apartment and I saw that I had the original 17 letter. So then I knew it was Jim Albright, 18 not John Enos. 19 Q. So the items that were on the listed in the attachment, you reviewed those 21 when Ms. Lutz gave them to you; is that right? 22 MR. GROSSMAN: Objection to form. 23 A. Can you say it that again? I'm 24 sorry. 25 Q. Sure. There's a list of items
4 Page 18 2 one that you wrote in there -- 3 A. Yes. 4 Q. -- presumably that was based on 5 your experience as an auction house, yes? 6 A. Yes. 7 Um-hum, yes. Sorry. 8 Q. And those were the exact numbers 9 that ended up on your Web site next to that 10 letter, correct? 11 MR. GROSSMAN: Objection, form. 12 A. I believe so. I'd have to see, 13 you know, the lot number but I assume so. 14 Q. Okay. And the description under 15 the lots for this memorabilia, let's take lot 16 9 as an example, who wrote the description of 17 the lot number? 18 A. Our copywriter in the office. 19 Q. Who's that? 20 A. Pamela Cole. 21 Q. Did you review the item 22 descriptions for that auction before they were 23 posted on your Web site? 24 A. No. What we usually do is I'll 25 give our copywriter information and they'll do
5 Page 19 2 the copy. Things will go into preview. I'll 3 go into things on preview and I'll make the 4 changes before they go live. 5 Q. What do you mean by "preview"? 6 A. Preview is before the auction -- 7 before the auction is live for bidding. 8 Q. And would that be in the form of 9 on the computer? In other words, is it what 10 it would look like when it's finally posted? 11 A. Yes. 12 Q. And did you review the description 13 of lot 9 before it was -- before it was posted 14 on the Internet? 15 MR. HAAS: Asked and answered. 16 Objection. 17 Q. Go ahead. 18 A. I could answer now? 19 Q. Yeah. 20 A. I'm sorry. Can just repeat that 21 again? 22 Q. Sure. You said things go into 23 preview and you would review things in 24 preview, correct? 25 A. Correct.
6 Page 20 2 Q. Did you look at the preview of lot 3 9 before it went up on the Internet? 4 A. No. 5 Q. Are you sure? 6 A. Yes. 7 Q. What makes you so sure? 8 A. Because I don't recall looking at 9 that lot while it was up on preview. 10 Q. Do you recall A. Before it went -- before it 12 went -- before it went live -- before it went 13 live for auction. 14 Q. Okay. Did you review in preview 15 any of the other descriptions of any of the 16 other 127 lot numbers other than lot 9? 17 A. You mean the 127 just Madonna lot 18 numbers in our auction? 19 Q. Yeah. 20 A. No. I didn't. 21 Q. I probably asked a bad question. 22 I'm sorry. 23 Did you review, in preview or 24 before they got posted, the descriptions of 25 the other lots in the Madonna collection
7 Page 21 2 before they went live on the Internet? 3 MR. GROSSMAN: Objection, form. 4 Q. Go ahead. 5 A. No. I did not. 6 Q. Are you sure? 7 A. Yes. 8 Q. You received items from Mr. 9 Albright at some point in time relating to my 10 client; is that correct? 11 A. I purchased a collection from Jim 12 Albright, yes. 13 Q. When was that? 14 A. I believe it was in I gave 15 my attorney a receipt for when I bought the 16 collection from Jim. 17 MR. HAAS: Wait for the question. 18 THE WITNESS: Oh, I'm sorry. 19 Q. Have you produced the receipt in 20 this case? 21 A. I gave the receipt to my attorney. 22 MR. O'ROURKE: Jeff, have you 23 produced that? 24 MR. HAAS: Yes, we did. 25 MR. O'ROURKE: Okay.
8 Page 25 2 Albright, correct. 3 Q. Did there come a time when you 4 realized that the letter at issue in lot 9 5 actually was from Mr. Albright and not -- I'm 6 sorry -- to Mr. Albright and not to Mr. Enos? 7 A. Yeah. As soon as I -- the same 8 day that I got the copy of the letter from 9 Darlene, then I saw that I had the original 10 and then I knew that it was Jim Albright 11 because it was part of the collection I bought 12 from Jim Albright. 13 Q. And did you sell the letter that 14 you got from Mr. Albright in 2004, the one 15 we're talking about now? 16 MR. GROSSMAN: Objection to form. 17 Q. Let me back up. 18 A. Can I answer? 19 Q. Sure. 20 MR. HAAS: Why don't you wait for 21 a question. 22 MR. O'ROURKE: I have a question. 23 If he wants to answer, he can answer. 24 A. Can you repeat the question? 25 Q. Sure. Did you sell the letter
9 Page 26 2 that you got from Mr. Albright separate from 3 the auction that's the subject matter of this 4 lawsuit? 5 MR. HAAS: I'm sorry. Which 6 letter are we talking about? 7 MR. O'ROURKE: The letter from Mr. 8 Albright that is also reflected in lot 9. 9 MR. GROSSMAN: Objection to form. 10 Q. Go ahead. 11 A. Can you repeat it again? 12 Q. You testified that when you saw 13 the letter that Ms. Lutz gave you that matches 14 the letter in lot A. The original. 16 Q. -- you realized that you already 17 had that letter from Mr. Albright, correct? 18 A. Correct. 19 MR. GROSSMAN: Objection, form. 20 A. Correct. 21 Q. And is that among the things you 22 purchased from him in 2004? 23 A. Correct. 24 Q. And prior to the auction at issue 25 in this case, did you sell that letter?
10 Page 27 2 MR. GROSSMAN: Objection to form. 3 A. No, I did not. 4 Q. What did you do with it? 5 A. I've had it in my possession since 6 I bought it. I have -- when I bought the 7 collection from Jim there were a large number 8 of letters. There must have been 50 or 60 9 original letters. And I still have many of 10 those letters in my possession. 11 Q. I apologize if I asked you this 12 but I didn't write down her last name. Who's 13 the copywriter, Pamela who? 14 A. Pamela Cole, C-O-L-E. 15 Q. You testified earlier that you 16 provided her information from which she then 17 would write up the description of the lots for 18 your Web site, specifically the one including 19 the Madonna memorabilia, correct? 20 A. Correct. 21 Q. And did you give her information 22 regarding all 128 lot items for the Madonna 23 memorabilia? 24 A. What I gave her was this 25 (indicating) --
11 Page A. Yes, there was. 3 Q. You signed a consignment agreement 4 between you and GHRR for these specific lots? 5 A. No. I didn't sign a consignment 6 agreement. 7 Q. Is there a consignment agreement 8 that covers lots 9 and 33? 9 MR. GROSSMAN: Objection to form. 10 A. You mean a physical consignment 11 agreement? 12 Q. Yeah. A written agreement. 13 A. No. Only for -- no, there isn't. 14 No. No. There isn't. 15 Q. Do you have any written 16 consignment agreements with GHRR for any items 17 at all? 18 MR. HAAS: I'm sorry. Is this him 19 personally? 20 MR. O'ROURKE: Yes. 21 A. No. 22 Q. Do you have an oral consignment 23 agreement understanding with the company? 24 A. Yes. 25 Q. And would that cover lots 9 and
12 Page ? 3 A. Yes. 4 Q. And what is the agreement? Just 5 the general terms of the agreement. 6 A. That I pay the company 10 percent 7 of whatever I consign. 8 Q. When did you form that agreement? 9 MR. GROSSMAN: Objection to form. 10 A. When I first became a partner ten 11 years ago. 12 MR. O'ROURKE: I'll ask the court 13 reporter to please mark as Exhibit 19 a 14 one-page letter dated February 3rd, bearing production number GHI (Kosinski Exhibit 19, letter dated 17 February 3, 2004 bearing production 18 number GHI00014, marked for 19 identification as of this date.) 20 BY MR. O'ROURKE: 21 Q. Are you familiar with this? 22 A. Yes. 23 Q. What is this? 24 A. It's a receipt for when I bought 25 the collection from Jim Albright.
13 Page A. No. 3 MR. HAAS: Exhibit 5. 4 A. Oh, yes. 5 MR. O'ROURKE: What lot is that, 6 please? 7 Q. That relates to lot 9, correct? 8 A. Yes. 9 Q. Do you own the original letter 10 described in this exhibit? 11 A. Yes. 12 Q. Where is the original right now? 13 A. My attorney. 14 Q. And since July 18th, have you sold 15 that letter? 16 A. No. 17 Q. Since July 18th have you displayed 18 it publicly? 19 A. No. 20 Q. Do you have a specific 21 recollection of ever selling a copy of this 22 letter? 23 A. I don't believe so. 24 Q. Exhibit 2 relates to lot number oh, I'm sorry. Relates to lot number 128.
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