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2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK 3 - 4 STUART Y. SILVERSTEIN, 1 1 5 Plaintiff, 1 1 Index No. 6 - against - 1 01 Civ. 309 1 (JFK)(DF) 7 PENGUIN PUTNAM, INC., 1 .! 1 8 Defendant. 1 1 9 DEPOSITION OF STUART Y. SILVERSTEIN New York, New York Thursday, October 25, 2001 24 Reported by: LINDA DEVECKA 25 JOB NO. 127163 €TIS HEREBY STIPULATED AND AGREED by and between the attorneys for the respective parties herein, that filing and sealing be and the same are hereby waived. IT IS FURTHER STIPULATED AND AGREED that all objections, except as to the form of the question, shall be reserved to the time of the trial. IT IS FURTHER STlPULATED AND AGREED that the within deposition may be sworn to Deposition of the Plaintiff, STUART Y. and signed before any officer authorized to SILVERSTELN, held at the offices of Cowan, administer an oath, with the same force and Liebowik & Latman, PC., 1133 Avenue of the effea as if signed and sworn to before the Americas, New York, New York, pursuant to Court. Notice, before LINDA DEVECKA, a Notary Public - 000 - of the State of New York. - -- - 3 5 1 1 2 APPEARANCES: 2 STUART Y. SILVERSTEIN, called 3 as a witness, having been duly sworn by a PIPER MARBURY RUDNICK & WOLFE, LLP 4 Notary Public, was examined and testified as Attorneys for Plaintiff 5 follows: 1251 Avenue of the Americas 6 EXAMINATION BY New York, New York 10020-1104 7 MR DANNAY: BY: MONICA P. McCABE, ESQ. 8 Q. Mr. Silverstein, state your full name CHRISTINE M. JASKIEWICZ, ESQ. 9 and your address just for the record 10 A. Stuart Yale Silverstein, 11750 Sunset 11 Boulevard, No. 306, Los Angeles, California 90049. COWAN, LIEBOWTTZ C LATMAN,P.C. 12 Q. Is that your home address? Attorneys for Defendant 13 A. Yes. 1133 Avenue of the Americas 14 Q. Do you have any other address like a New York, New York 100366799 15 business address? BY: RICHARD DANNAY, ESQ. 16 A. No. 17 Q. You are a lawyer? 18 A. Yes. ALSO PRESENT: 19 Q. You went to law school when and where? ALEXANDER GIGANTE, ESQ. 20 A. I graduated in 1980 from loyola, 21 Los Angeles. 22 Q. Where are you admitted to practice? 23 k California, [Uinois, New York 24 Q. All three? Z A. Various federal jurisdictions. I can't 6 a 1 Silverstein 1 Silverstein 2 remember which ones oEhand. 2 Q. Tell me briefly what you have written 3 Q. Roughly how many? 3 that's been published. 4 A. Three or four. 4 A. Before that I -- in '85 1 had an 5 Q. In New York, New York federal courts? 5 article in the National Review. 6 A. No. 6 Q. On what subject? 7 CL Have you ever practiced law? 7 A Soviet incursions into Swedish waters. 8 A. Yes. 8 Q. Were you a government major in college? 9 Q. When and where? 9 A. No. 10 A. 1981 through 1983 in Chicago. 10 Q. Go on. Sony. 11 Q. With what firm? 11 A And since then the Parker book. 12 A Sole practitioner. 12 I have been working on two other books 13 Q. You were a sole practitioner? 13 since then also. 14 A. Yes. 14 Q. What are the other two books, general 15 Q. Before you continue, what kind of law 15 subject? 16 were you practicing? 16 A. One is the history of the Round Table, . 17 A. This and that. Whatever came in. 17 Algonquin Round Table, and the second one is about 18 Q. General practice? 18 baseball in the early part of the century. 19 A. I was basically doing whatever other 19 Q. Can you be a little more specific? I 20 lawyers on the floor needed to be done. I was 20 am a baseball fan. I want to know what you are 21 just out. 21 doing. 22 Q. General practice, corporate practice? 22 k CubslGiants rivalry. McGraw, Chance. 23 A. Scut work. 23 First decade of the century, the way the game was 24 Q. Any copyright? 24 played, the way the world was. "Tinker to Evers 25 A. No. 25 to Chance." It's a gender-spec~ficillusion. 7 9 1 Silverstein 1 Silverstein 2 Q. Continue. What else did you practice? 2 Q. Let me go back for a second. 3 A. 1983 through '89, in Los Angeles. 3 Have you written any articles on legal 4 Q. For whom? 4 topics? 5 A. I was an associate for a sole 5 A. Yes. I did some work for the National 6 practitioner named Stephen R. Landau. 6 Journal. 7 Q. What kind of law were you practicing? 7 Q. When you say "some work," did you write 8 A. Discovery work. Depositions mainly. 8 freelance articles for them? 9 Some motion practice. 9 A. I covered the Carol Burnett versus 10 Q. Mostly litigation? 10 National Inquirer Libel trial in 1981 for the 11 A. Complex litigation. 11 National Law Journal, also for the Los Angeles 12 Q. Any class action? 12 Daily Journal. 13 A. It was a slew of counterclaims and 13 I wrote various articles for the 14 cross-counterclaims regarding a failed investment 14 National Law Journal on various subjects, 15 venture. 15 different things that were occurring in 16 Q. How many people were working with 16 Los Angeles. I can't recall specilically. Some 17 Landau in that office? 17 longer pieces for the Western Law Journal, which 18 A. The number varied between three and 18 I'm not sure if it's still in existence, it was a 19 five. 19 publication of the Los Angeles Daily Journal, 20 Q. Did you practice anywhere else? 20 about land use issues and I think one about the 21 A. No. 21 Carol Burnett libel trial. 22 Q. What year did you stop practicing law? 22 Q. Any other legal writing or legal 23 A. '89. 23 practice that you have not described? I don't 24 Q. Then what did you do? 24 mean necessarily to cover every jot and tiddley 25 A. I have been writing since then. 25 here. 10 12 1 Silverstein 1 Silverstein 2 A. In the early '90s I lectured on 2 abroad, if it was? 3 journalism law. 3 A. It was repubtished in 1999 in London by 4 Q. You studied journalism? 4 Gerald Duckworth. 5 A. I have a Master's in journalism from 5 Q. Was there any change in the text of 6 the University of &fornia, Berkeley. 6 that edition? Obviously I assume the cover, the 7 Q. Then you became a professional 7 jacket was different. 8 journalist? 8 A. I think there was some change in the 9 A. I did some freelance stuff here and 9 supporting literature but I do not think the text 10 there but I was earning my bread practicing law. 10 was changed. 11 Q. Other than as a journalist and other 11 Q. I'm not talking about spelling 12 than as a lawyer, has there been any other 12 differences that they may have done. The tea was 13 profession or occupation you have been in? 13 the same? 14 A. No. 14 A. Yes. 15 Excuse me. Some investing. 15 Q. This book was published sometime in the 16 MR. DANNAY: Not that there is any 16 middle of 19961 I am talking about Exhibit 1. 17 dispute about this book, but let's have the 17 A. Yes. 18 hard cover edition of "Not Much Fun: The 18 Q. Forgive me. When was the British 19 Lost Poems of Dorothy Parker" by Stuart Y. 19 edition published? 20 Silverstein marked as ~efendant'sExhibit 1. 20 A. I believe 1999. 21 (Defendant's Exhibit 1, hard cover 21 MR. DANNAY: Recently I came across 22 edition of "Not Much Fun: The Lost Poems of 22 what appears to be a paperback edition of 23 Dorothy Parkern by Stuart Y. Silverstein, 23 your book. It's entitled "Not Much Fun: The 24 marked for identification, as of this date.) 24 Lost Poems of Dorothy Parkern by Stuart Y. 25 Q. Mr. Silverstein, this is a copy, is it 25 Silverstein. 11 13 1 Silverstein 1 Silverstein 2 not, Exhibit 1, of the hard cover edition of your 2 Let's mark it as Defendant's Exhibit 2. 3 book? 3 (Defendant's Exhibit 2, paperback 4 A Saving the time by not examining every 4 edition of "Not Much Fun: The Lost Poems of 5 page and not doing a line-by-line scrutiny, which 5 Dorothy Parker," marked for identification, 6 I understand will take a great deal of time - 6 as of this date.) 7 Q. I will ask you a slightly different 7 Q. Mr. Silverstein, I show you what 8 question. 8 appears to be the paperback edition of your book 9 Is this the only edition that was 9 which we just marked as Defendant's 2. Is that 10 published of the hard cover? 10 the paperback edition of your book? 11 A. Edition or reprinting or printing? 11 A. The U.S. edition, yes. 12 Q. The only edition or reprinting, unless 12 Q. Let me ask you the same question here: 13 there was a change. 13 Are there any changes in the text of the paperback 14 We understand a reprint to be a 14 edition from the U.S.
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