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STATE OF NEW YORK SUPREME COURT : COUNTY OF MONROE ESTHER G. ROLICK, Plaintiff, -vs- THE JACQUES SELIGMANN & COMPANY, Defendant. STATE OF NEW YORK ) COUNTY OF NEW YORK ) SS.: THERESA D. PARKER, being duly sworn, deposes and says: That I am the Assistant Treasurer of Jacques Seligmann & Co., Inc., sued herein as The Jacques Seligmann & Company. I am fully familiar with all the facts in this case and with the matters set forth herein and submit this affidavit in support of defendant's cross-motion. The defendant exhibits, purchases and sells works of art to the public. It has a most enviable reputation and has been recognized for almost half a century as a highly reputable organization. Mr. Germain Seligman, who is the President and Treasurer of the defendant, founded the Contemporary American Art Department of the defendant about two years ago. The purpose of this department was to introduce and make known new talent to the public. The department does not make any outright purchases, but suitable paintings are exhibited on consignment for sale, the usual consignment price being the price set by the artist (that is, the price which the artist wishes to receive for his paintings) plus a 33-1/3% commission to the gallery. In the fall of 1946, the plaintiff and the defendant entered into a verbal agreement, as is customary whenever the defendant commences to represent any contemporary American artist. -1-