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`ATTORNEY AFFIRMATION OF CATHERINE M. CHERKASKY, ESQ. IN SUPPORT OF
`DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S SECOND AMENDED COMPLAINT
`PURSUANT TO CPLR 3211(a)(7) AND (g) AND CIVIL RIGHTS LAW §§ 70-a, 76-a
`(Mot. Seq. 003)
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`Index No. 152284/2025
`SUPREME COURT OF THE STATE OF NEW YORK,
`COUNTY OF NEW YORK
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`JENIFER AN,
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` Plaintiff,
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` -against-
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`KANYE WEST a/k/a/ YE,
`individually.
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` Defendant.
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`Index No. 152284/2025
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`Honorable Leslie A. Stroth
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`(Motion Seq. 003)
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`ATTORNEY AFFIRMATION OF
`CATHERINE M. CHERKASKY, ESQ. IN
`SUPPORT OF DEFENDANTS’ MOTION
`TO DISMISS PLAINTIFF’S SECOND
`AMENDED COMPLAINT PURSUANT TO
`CPLR 3211(a)(7) AND (g) AND CIVIL
`RIGHTS LAW §§ 70-a, 76-a
`
`
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`AFFIRMATION OF CATHERINE M. CHERKASKY, ESQ.
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`1. I am an attorney with Golden Law, Inc., counsel of record for Defendant Ye (f/k/a Kanye
`West) in the above-captioned matter. I am fully familiar with the facts and circumstances of this
`case through my professional representation of Defendant.
`2. I submit this affirmation in support of Defendant's Motion to Dismiss Plaintiff's Second
`Amended Complaint (Motion Seq. 003), and specifically to authenticate and introduce into the
`record the article attached hereto as Exhibit A.
`3. Attached hereto as Exhibit A is a true and accurate copy of an article published by Complex
`magazine, titled “La Roux Singer Claims Kanye Made Her Write Him an Apology After Telling
`Mutual Friend About Weird Encounter,” authored by Xavier Hamilton and dated May 4, 2020.
`FILED: NEW YORK COUNTY CLERK 01/28/2026 11:46 PMINDEX NO. 152284/2025
`NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 01/28/2026
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`ATTORNEY AFFIRMATION OF CATHERINE M. CHERKASKY, ESQ. IN SUPPORT OF
`DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S SECOND AMENDED COMPLAINT
`PURSUANT TO CPLR 3211(a)(7) AND (g) AND CIVIL RIGHTS LAW §§ 70-a, 76-a
`(Mot. Seq. 003)
`
`Index No. 152284/2025
`4. I personally retrieved Exhibit A on January 28, 2026, from the publicly accessible website
`www.complex.com at the following URL: https://www.complex.com/music/a/fnr-tigg/la-roux-
`singer-kanye-west-made-her-write-apology-weird-encounter. I printed the article directly from
`the website without making any alterations, modifications, or edits to the content. The only
`portions excluded, if any, are advertisements and website navigation elements that are not part of
`the article text.
`5. Exhibit A is cited by Plaintiff in paragraph 42, footnote 9 of the Second Amended Complaint
`(NYSCEF Dkt. 43), where Plaintiff asserts that singer Elly Jackson of La Roux clarified that her
`public comments about Defendant concerned his alleged sexual assault of Plaintiff. Defendant
`submits this article to demonstrate that it does not support Plaintiff's characterization.
`6. As set forth in Defendant's Memorandum of Law in Support of Motion to Dismiss at pages
`21-22 (Section 3), Exhibit A describes Ms. Jackson's account of a professional interaction with
`Defendant that she characterized as socially uncomfortable and weird. The article contains no
`allegation of sexual assault, no description of unwanted sexual contact, no reference to violence,
`and no suggestion that Ms. Jackson was aware of or alluding to an assault of Plaintiff. To the
`contrary, Ms. Jackson is quoted as describing the subsequent apology email in casual, amused
`terms (lol-ing, writing it with a massive grin on her face, viewing it as no skin off her nose),
`which is wholly inconsistent with witnessing a violent sexual offense.
`7. Far from corroborating a crime of violence as required by the Gender-Motivated Violence Act,
`Plaintiff's own cited source undermines the predicate offense and confirms the absence of
`contemporaneous allegations of criminal conduct.
`I affirm the foregoing under the penalties of perjury pursuant to CPLR § 2106.
`Dated: January 28, 2026 GOLDEN LAW, INC.
`New York, NY
`
` ________________________________
` CATHERINE M. CHERKASKY, Esq.
` 1330 Avenue of the Americas, 23rd Floor
` New York, NY 10019
` (949) 391-1602
` katie@goldenlawinc.com
` Attorney for Defendant
` Ye (f/k/a Kanye West)
`FILED: NEW YORK COUNTY CLERK 01/28/2026 11:46 PMINDEX NO. 152284/2025
`NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 01/28/2026
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