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Opera by sueli costa (aka opera fashion group has court judgment against them for bad manufacturing)

Update by user Jul 24, 2011

OPERA FASHION GROUP AND SUELI COSTA HAVE A LARGE COURT JUDGMENT FROM NYS CIVIL COURT AGAINST THEM, NOW THEY ARE DOING BUSINESS UNDER A NEW ENTITY CALLED:

OPERA BY SUELI COSTA LLC

DO NOT BE FOOLED, THESE ARE THE SAME PEOPLE AND OWNER OF

OPERA FASHION GROUP INC

OPERA FASHION GROUP LLC

OPERA SWIMWEAR

DO NOT BE FOOLED BY THE CHANGE OF NAME AND \"INCORPORATION ENTITY\", SAME PEOPLE: SAME BUSINESS PRACTICES, DIFFERENT NAME, THATS ALL.

SUELI COSTA AS AN INDIVIDUAL STILL IS RESPONSIBLE FOR A LARGE COURT JUDGMENT AGAINST HER PERSONALLY. SHE IS NOW OPERATING UNDER THIS NEW NAME. BEWARE!

Original review posted by user Jul 24, 2011
I hired Sueli Costa and her company Opera Fashion Group (NOW DOING BUSINESS AS OPERA BY SUELI COSTA LLC) i thought they were a legitimate company in new york, it turned out they were not registered i placed an order for over $30,000 Dollars and they failed to deliver to the specifications of the order. Sueli Costa and her company Opera Fashion Group, refused to take returns, return my money. After a trial in Civil Court New York, the judge awarded me $25,000 plus damages having found Sueli Costa AND Opera Fashion Group INC liable. Sueli Costa refuses to pay the judgment and closed all her bank accounts and has an outstanding judgment i cannot collect on because this woman is hiding in plain sight and i cannot find her, even though her website is up and running. The judgment at the NY Civil Court Website, case is INDEX NO 35989 CVN 2009 SOME MORE FUN FACTS ABOUT SUELI COSTA: SHE OPERATES UNDER ALL THESE DIFFERENT NAMES AND ENTITIES: OPERA FASHION GROUP INC OPERA FASHION GROUP LLC OPERA BY SUELI COSTA LLC OPERA SWIMWEAR SHE HAS CLOSED MANY BANK ACCOUNTS IN DIFFERENT BANKS TO AVOID PAYING THE LARGE COURT JUDGMENT AGAINST HER THIS WOMAN CONTINUES TO DO BUSINESS EVEN WHILE SHE HAS A LARGE COURT JUDGMENT AGAINST HER FOR: BAD MANUFACTURING FAILING TO DELIVER ORDERS AS AGREED FAILING TO DELIVER ORDERS WHEN AGREED FAILING TO EXCHANGE MERCHANDISE FAILING TO ACCEPT RETURNS OF DEFECTIVE MERCHANDISE FAILING TO DELIVER ORDERS ALL TOGETHER BEWARE OF THIS WOMAN, HER COMPANIES AND HER LINES: OPERA SWIMWEAR,BOSSA BEACH, GABIKINI AMONG OTHERS. TO READ ALL ABOUT SUELI COSTA, SEE THE LEGAL DOCUMENTS FROM THE NEW YORK STATE CIVIL COURT AND SEE THE PROOF WITH YOUR OWN EYES (COURT DOCUMENTS DONT LIE!) GO HERE: https://www.facebook.com/pages/Opera-Fashion-Group-Sueli-Costa-Have-Unpaid-Court-Judgment-Against-Them/101042****78236?ref=ts SUELI COSTA WANTS TO PORTRAIT HERSELF AS A VICTIM, WHICH SHE IS NOT. SHE NEVER APPEALED THE COURT JUDGMENT AGAINST HER, INSTEAD SHE CLOSED HER BANK ACCOUNTS (SEE PROOF ON FACEBOOK) MOVED AND ALL THE MAIL COMES BACK AS "MOVED LEFT NO ADDRESS" OPENS DIFFERENT INCORPORATIONS TO HIDE FROM THE COURT JUDGMENT DOES NOT POST AN ADDRESS ON HER BUSINESS WEBSITE (OF COURSE NOT, SHE DOESNT WANT TO BE FOUND!) SUELI COSTA HASNT PAID A CENT OF THE COURT JUDGMENT, BUT I KNOW THAT KARMA IS A REAL BEACH AND EVENTUALLY EVERY PIG GETS ITS CHRISTMAS!
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4 comments
#442125

SUELI COSTA WANTS PEOPLE TO BELIEVE SHE IS AN INNOCENT VICTIM, THAT SHE LOST IN COURT BECAUSE THE PLAINTIFF SHOWED "FAKE PROOF" AND WAS "VERY GOOD AT THEATRICS" HAHAHA

WELL READ HERE HER MANY LIES: This email was sent to my lawyer by sueli costa, in it she finally admits that she LIED from the start when she assured me she had produced lines for MANY FAMOUS BRANDS... she admitted to the lawyer that essentially she didnt know what she was doing, yet had her staff instructed to lie to me from the start, (she later told us that she would be doing no more "private label" but i have come across some new information (that i will post once i verify it, that she is still doing the same thing to other unsuspecting people):

EMAIL FROM COSTA TRYING TO "EXPLAIN" WHY THE ORDER WAS SO BADLY MANUFACTURED:

GET A LOAD OF THIS: SHE CLAIMS HER EMPLOYEES WERE WORKING A SABOTAGE BECAUSE THEY WERE UNHAPPY MAKING THE ORDER!! HAHAHA

From: Sueli Costa

To: tscichili@***.com

Sent: Wed, Jul 1, 2009 1:48 pm

Subject: Re: BETThER Ltd / Opera Fashion Group, Inc.

Dear Mr. Scihili,

I have added some=2 0more items that I had forgotten to include on the first counting, since I finished the work late night (11 pm) and miscounted them due to exhaustion. I spent one more day reviewing over 300 sets (tops and bottoms), one by one to match sizes, styles and prints.

I have also included additional bottoms to give Ms Bolier more options and to help her to sell as items as separates. I can add more items if she agrees.

On our phone conversation you seemed surprised about the fact of this has been my first private labeling experience. It's true that it was the first time working for someone else, but not my first business experience.

For the past three decades working as a fashion designer and manufacturer, I have been asked to work for other designers several times, and had always declined the offer because, we have our own brands and they are known by our innovative designs ( we design all of our 3 collections) and the high standards of our finishing. As you know, I am in New York and my employees and contractors are in Brazil and for this reason I cannot supervise their work on daily basis.

This situation made me send my daughter and business partner to Brazil (for the second time this year) just to supervise the pieces that required replacement, and to do an investigation.

The conclusion was that the sample makers got tired of doing and redoing the Bettther samples over and over for mon ths, that they couldn't take it anymore, and started doing bad job in purpose.

Because of this, some of the best seamstresses we have have been fired, and the remaining ones did some kind of sabotage as a "revenge" because their coworkers got fired.

This order has cost me more than I expected, and not only in terms of money but also our my piece of mind, loss of good professionals, and a lot more.

I look forward to resolving this matter as soon as possible in order for us to move on with our work and to take care of numerous pending things that are on hold in order or us to give my full attention to this order.

I will be awaiting for shipping instructions.

Thank you and kind regards,

Sueli Costa

Fashion designer

Opera Swimwear

Opera by Sueli Costa

212-202-****

347-475-**** direct

operaswimwear.com

HERE IS AN EMAIL FOR WHEN I FIRST CONTACTED SUELI COSTA AND OPERA FASHION GROUP INC ABOUT DOING PRIVATE LABELING FOR ME. SUELI COSTA CONFIRMED TO ME MANY TIMES IN PERSON AND OVER THE PHONE THAT SHE HAD DONE "PRIVATE LABEL FOR MANY YEARS FOR MANY IMPORTANT BRANDS"

SHE LIED FROM DAY ONE!

Opera Swimwear

Tue, Sep 30, 2008 at 9:16 PM

To: Nilsa Bollier

Cc: gabib435@***.com

Reply | Reply to all | Forward | Print | Delete | Show original

Hi Nilsa,

Yes we do. We have a factory in Brazil. Our monthly capacity production of 30 thousand sets.

We also develop collection for companies, from sketches to the final product.

let us us know how we can assist you. Is your company based in the US or Europe?

Kindest regards,

Cecile Legolf

Sales Dept

212-202****

operaswimwear.com

----- Message from nilsabollier@***.com ---------

Date: Tue, 30 Sep 2008 01:14:19 +0100

From: Nilsa Bollier

Subject: information about your line

To: info@***.com

- Hide quoted text -

Hi,

I just wanted to know if you do "private lines" for other companies?

thanks

Nilsa

--------------------------------------------------------------------------------------------------------------

Nilsa

For future orders, I suggest you to find another manufactuer, since we will no longer be doing private labeling.

Thanks,

Sueli Costa

----------------------------------------------------------------------------------------------------------------

SUELI COSTA CLAIMED THAT SHE WOULDNT BE DOING ANYMORE "PRIVATE LINES" AFTER MY FIASCO, WELL, I RECEIVED THIS EMAIL FROM ONE OF HER PROSPECTIVE CUSTOMERS (THAT WANTED TO START A PRIVATE LINE) AND SAW MY REVIEWS ONLINE AND WAS GLAD SHE DIDNT DO HER LINE WITH HER.

HI NILSA

FromKayleigh Ann

Date31 May 11 at 17:50

Hi,

I just luckily came across your profile was looking at fashion threads, and clicked to your profile to see how your swimwear came on,

I seen you used operaswimwear and it went bad, thank you so much for writing this and telling everyone, as i am also setting up a bikini label and have been speaking to them the past month, nearly used them.

Hope everything got sorted? I am so happy i found this,

Can you recommend a good manufacturer?

Kind Regards

Kayleigh

SUELI COSTA IS STILL DOING PRIVATE LINES, SO BEWARE!

#325038

sueli costa was supposed to make an order which she was paid a large amount of money ($32,500) well, she lied when she said she had experience manufacturing for private label, when she had no clue.

check this out for one of her examples of the style she says was stolen LOL LOL: (by the way, Nilsa has never been sued by any manufacturers for "stealing any of their designs, no matter how hard sueli costa has tried LOL LOL

GET A LOAD OF THIS: SHE CLAIMS HER EMPLOYEES WERE WORKING A SABOTAGE BECAUSE THEY WERE UNHAPPY MAKING THE ORDER!! HAHAHA

From: Sueli Costa

To: tscichili@***.com

Sent: Wed, Jul 1, 2009 1:48 pm

Subject: Re: BETThER Ltd / Opera Fashion Group, Inc.

Dear Mr. Scihili,

I have added some=2 0more items that I had forgotten to include on the first counting, since I finished the work late night (11 pm) and miscounted them due to exhaustion. I spent one more day reviewing over 300 sets (tops and bottoms), one by one to match sizes, styles and prints.

I have also included additional bottoms to give Ms Bolier more options and to help her to sell as items as separates. I can add more items if she agrees.

On our phone conversation you seemed surprised about the fact of this has been my first private labeling experience. It's true that it was the first time working for someone else, but not my first business experience.

For the past three decades working as a fashion designer and manufacturer, I have been asked to work for other designers several times, and had always declined the offer because, we have our own brands and they are known by our innovative designs ( we design all of our 3 collections) and the high standards of our finishing. As you know, I am in New York and my employees and contractors are in Brazil and for this reason I cannot supervise their work on daily basis.

This situation made me send my daughter and business partner to Brazil (for the second time this year) just to supervise the pieces that required replacement, and to do an investigation.

The conclusion was that the sample makers got tired of doing and redoing the Bettther samples over and over for mon ths, that they couldn't take it anymore, and started doing bad job in purpose.

Because of this, some of the best seamstresses we have have been fired, and the remaining ones did some kind of sabotage as a "revenge" because their coworkers got fired.

This order has cost me more than I expected, and not only in terms of money but also our my piece of mind, loss of good professionals, and a lot more.

I look forward to resolving this matter as soon as possible in order for us to move on with our work and to take care of numerous pending things that are on hold in order or us to give my full attention to this order.

I will be awaiting for shipping instructions.

Thank you and kind regards,

Sueli Costa

Fashion designer

Opera Swimwear

Opera by Sueli Costa

212-202-****

347-475-**** direct

operaswimwear.com

HERE IS AN EMAIL FOR WHEN I FIRST CONTACTED SUELI COSTA AND OPERA FASHION GROUP INC ABOUT DOING PRIVATE LABELING FOR ME. SUELI COSTA CONFIRMED TO ME MANY TIMES IN PERSON AND OVER THE PHONE THAT SHE HAD DONE "PRIVATE LABEL FOR MANY YEARS FOR MANY IMPORTANT BRANDS"

SHE LIED FROM DAY ONE!

Opera Swimwear

Tue, Sep 30, 2008 at 9:16 PM

To: Nilsa Bollier

Cc: gabib435@***.com

Reply | Reply to all | Forward | Print | Delete | Show original

Hi Nilsa,

Yes we do. We have a factory in Brazil. Our monthly capacity production of 30 thousand sets.

We also develop collection for companies, from sketches to the final product.

let us us know how we can assist you. Is your company based in the US or Europe?

Kindest regards,

Cecile Legolf

Sales Dept

212-202****

operaswimwear.com

----- Message from nilsabollier@***.com ---------

Date: Tue, 30 Sep 2008 01:14:19 +0100

From: Nilsa Bollier

Subject: information about your line

To: info@***.com

- Hide quoted text -

Hi,

I just wanted to know if you do "private lines" for other companies?

thanks

Nilsa

--------------------------------------------------------------------------------------------------------------

Nilsa

For future orders, I suggest you to find another manufactuer, since we will no longer be doing private labeling.

Thanks,

Sueli Costa

----------------------------------------------------------------------------------------------------------------

SUELI COSTA CLAIMED THAT SHE WOULDNT BE DOING ANYMORE "PRIVATE LINES" AFTER MY FIASCO, WELL, I RECEIVED THIS EMAIL FROM ONE OF HER PROSPECTIVE CUSTOMERS (THAT WANTED TO START A PRIVATE LINE) AND SAW MY REVIEWS ONLINE AND WAS GLAD SHE DIDNT DO HER LINE WITH HER.

HI NILSA

FromKayleigh Ann

Date31 May 11 at 17:50

Hi,

I just luckily came across your profile was looking at fashion threads, and clicked to your profile to see how your swimwear came on,

I seen you used operaswimwear and it went bad, thank you so much for writing this and telling everyone, as i am also setting up a bikini label and have been speaking to them the past month, nearly used them.

Hope everything got sorted? I am so happy i found this,

Can you recommend a good manufacturer?

Kind Regards

Kayleigh

SUELI COSTA IS STILL DOING PRIVATE LINES, SO BEWARE!

suuuuuure! Nilsa is the thief and the liar, but 5 judges in civil court sure didnt see it that way, he sueli costa?

YOU ARE THE ONE WITH THE COURT JUDGMENT AGAINST YOU

YOU ARE THE ONE WITH THE "CLOSED BANK ACCOUNTS"

YOU ARE THE ONE WITH SO MANY "ENTITIES AND COMPANY NAMES" IS HARD TO KEEP TRACK ON

FACT. FACT. FACT. LOL

#325032

THIS IS THE OFFICIAL NYS CIVIL COURT TRANSCRIPT, READ THE LIES OF SUELI COSTA IN HER OWN WORDS AND JUDGE FOR YOURSELF WHY SHE LOST IN COURT:1 CIVIL COURT OF THE CITY OF NEW YORKCOUNTY OF NEW YORK: TRIAL TERM PART PA-12 ---------------------------------------------------NILSA FACCHI,3 PLAINTIFF,4 -against- INDEX NO.035989/095 SUELI COSTA and OPERA FASHIONGROUP, INC.,6 DEFENDANTS.---------------------------------------------------7 Bench Trial8 DATED: Tuesday, June 1st, 201**** Centre Street9 New York, New York 10013**** B E F O R E:HONORABLE MANUEL J. MENDEZ, A.S.C.J.12A P P E A R A N C E S:13NILSA FACCHI14 PRO SE PLAINTIFF1516SUELI COSTA17 PRO SE DEFENDANT181920 DeWAYNE SCHMIDTOFFICIAL COURT REPORTER212223****21 THE COURT: How many defendants in this2 case?3 MS.

FACCHI: Originally, one. Then I was --4 there was mistrial because the judge ordered me5 to include a second defendant, but I am here6 today to remove the second defendant because I7 come courthouse.8 THE COURT: What was the name of the second9 defendant?10 MS. FACCHI: Opera Fashion Group, Inc.11 THE COURT: So, you're making a motion to12 dismiss this defendant?13 MS. FACCHI: The second defendant, yes,14 Opera Fashion Group, Inc.15 THE COURT: Ms.

Costa, do you have anything16 to say regarding that motion by the plaintiff?17 MS. COSTA: She says that my company18 doesn't exist. My company did exist. I don't19 know about her company.

The company exists.20 MS. FACCHI: Your Honor, I have prepared a21 trial memorandum in which showing some proof to22 my claims.23 THE COURT: Just hold that.24 MS. COSTA: I have that statement.25 THE COURT: Opera Fashion Group, Inc., is31 that your company?2 MS. COSTA: My daughter's company.

My3 daughter's company. My business partners. We4 are business partners.5 THE COURT: Are they involved in this6 transaction with Ms. Facchi?7 MS.

COSTA: I'm not sure because when we8 first met Ms. Facchi she gave me a terms of an9 agreement with a company that she didn't own,10 doesn't exist.11 THE COURT: I don't want to hear that.12 Just answer my question.13 MS. COSTA: The company exists, yes, based14 in Florida, it's a Florida corporation with the15 right to operate in New York, with the New York16 address.17 THE COURT: I understand. And this is your18 company?19 MS.

COSTA: It's my daughter.20 THE COURT: You're a shareholder or21 officer?22 MS. COSTA: I'm a shareholder.23 THE COURT: Okay. Fine. I will leave that24 defendant in.25 Now, both parties please rise.

Raise41 your right-hands. Do you solemnly swear or2 affirm that the testimony you're about to give3 this Court shall be the truth, the whole truth,4 nothing but the truth, so help you God?5 Mr. Facchi?6 MS. FACCHI: I do.7 THE COURT: Ms.

Costa?8 MS. COSTA: I do.9 THE COURT: Ms. Facchi, I'm going to hear10 you first. You are the plaintiff.

You have the11 burden of proof. Following your testimony I12 will hear the defendant. Okay.13 MS. FACCHI: Okay.

Do you want me to start14 from the beginning or --15 THE COURT: Tell me what this lawsuit16 entails, this breach of contract. That's what I17 want to hear about.18 MS. FACCHI: Okay. I met the defendant in19 her store, 105 Thompson Street, October, 2008.20 I first contacted her company via email to ask21 if they did something called private labeling22 for other companies.

Private labeling is when a23 manufacturer makes clothes for other people with24 the other people's own name. I got an email25 from her assistant saying, yes, we have our51 factory in Brazil. Our monthly capacity2 production is thirty thousand sets. We develop3 collections for other companies too from4 sketches to final product.

I schedule an5 appointment to meet with Ms. Costa in her store6 and then prior, after that, we met again to7 discuss picking styles, color and working8 together. She asked me to pay her a deposit of9 $2,000, which I gave her in cash, and she gave10 me a handwritten receipt with no company11 letterhead whatsoever, just a plain sheet of12 paper. And then a wire transfer was sent to her13 several days later.

I paid her $32,500 in the14 course of several months. Some of the wire15 transfers were sent to these Opera Fashion16 Group, Inc., and several other ones for her17 request were sent to her own personal bank18 account, all at Washington Mutual Bank.19 We had decided on some styles and some20 fabrics very early on, especially the fabrics.21 We started work on this, on the sample making,22 in about November. I didn't have a name yet for23 the company. My company was not registered.

My24 company based in the U.K., in the United25 Kingdom. So, I had run through some problems61 deciding on a name, but the samples that she was2 manufacturing, manufacturing the name was not3 necessary at that point because the samples that4 she gave me didn't have a label inside, they5 were brand less. I finally decide on the name6 of my company on June -- sorry, January 5th,7 2009, and I decided to call it Nanda Bikinis and8 after it came to my attention by a friend that9 there was a company name Nanda Bikini I decided10 to change it to Better Beachwear and legally it11 was changed to that on January 26th, 2009. Also12 in the pretrial memorandum it states my company13 has never been known by anything other than14 Nanda Bikini, then Better Beachwear, and ever15 since.

The defendant knew very well and I had16 no inc. and my company's name had not been17 decided by January 10th. She knew that. I also18 have the emails from her to prove it.19 Then in April she finally showed me20 the samples.

We had scheduled a photo shoot in21 New York which she attended with the samples. I22 photographed them. In the pretrial memorandum23 there's pictures from the photo shoot and24 decided to approve the samples that day except25 with few exceptions that some things were not71 done right or some things were not folded2 properly. So, I told her that day that some3 things would need to be changed.4 Now, by April my corporation had been5 formed for several months in the U.K.

My6 corporation has always been legal. I waited for7 her. After April she told me she was going to8 send me the sample April 26th and to send her9 the final seventeen thousand dollar payment for10 the order. I send her the money again, not to11 her corporate, but personal bank account, and12 she send me the first purchase, the first order,13 about a month or so late.

When I opened the box14 this is what I discovered. I ordered this15 fabric and this is what I got. And just about16 everything is like this. I order this.

I17 receive this. I also received unfinished18 merchandise, dirty merchandise, and about sixty19 percent brand less merchandise, which means that20 anybody could sell it because my name is not in21 it. I hired an attorney to reason with her and22 try to fix these problems. I sent back several23 boxes of merchandise and I have the -- she told24 me to send it back so she could review it.

This25 is after she had lied to me and told me that she81 had gone to Brazil to personally inspect the2 order before it left, which never happened, the3 merchandise, it's not what I ordered. She even4 had -- when she send me the purchased order, in5 the bill of lading for second order she used6 pictures from my web site to display what she7 was sending. Clearly, that's not what happened.8 What happened afterwards is she would9 not send me second shipment. I hired lawyer to10 reason with her.

She send me the second11 shipment three months late. Then the second12 shipment was worse than the first one. They13 were again brand less merchandise, things I do14 not order, something I ordered in completely15 different color. The sizes were completely16 wrong.

I ordered sizes in the specific amount.17 Then she started claiming I never ordered any18 specific sizes, even though the purchase orders19 were there. Then she disappeared. They would20 not return phone calls or email from the lawyer21 and she decide to start this lawsuit.22 What happened after that is that I23 contacted the New York Secretary of State to24 find out about the state of Opera Fashion Group,25 Inc. company.

The company that she assured me91 was registered to do business in this State2 never existed in this State. First of all, she3 publicly holding herself as the owner and4 founder of this Opera Fashion Group, Inc. which5 doesn't exist. Then, what she went and done6 after my lawyer called her and ask her why she's7 not registered with Secretary of State of New8 York she went and registered Opera House, LLC9 for personal liability.

It has the same web10 site, same contact email, same phone number,11 same fax as Opera Fashion, Inc, as registered in12 Florida, and she did not own, because I have the13 paperwork here and it says all hundred shares of14 this Opera Fashion Group, Inc. belong to her15 daughter. The daughter is the director. I know16 her name.

Her name is nowhere in any of these17 documents. She's not the owner of this company.18 So, the judge in the last lawsuit told19 me, well, obviously, the judge was not aware20 that all hundred shares belong to her daughter21 who I never sent any money to, who never came to22 my house with fabrics, and who I only met in23 person the day of the photo shoot after I had24 paid her almost half the order. So, what I'm25 saying is this is the defendant that is hiding101 by this corporate veil of entities that may2 exist on paper alone.3 I served -- I hire somebody to serve4 her in Florida and guess what, her and her5 attorney, because she had an attorney last time6 we were here, send me wild goose chase in the7 apartment in Florida. They were trying to serve8 about five times this in the apartment.

The9 janitor says this Opera Fashion Group or anybody10 are not known in this address.11 Then we were forced to serve the12 Florida corporation, State Department, and they13 said they don't have a current address for this14 Opera Fashion, Inc. and Opera Fashion Group, LLC15 and are using the same web site, the same phone16 number, the same logo, the same fax. I never17 did business with Opera Fashion Group, LLC.18 Opera Fashion Group, Inc. was never incorporated19 here and the defendant acted on her own.

She20 took money in her personal bank account. She21 tell me that she was the owner of this company22 and she did not own the hundred shares that say23 her -- belong to her daughter, who I did not pay24 a cent to, and she should not be allowed to hide25 behind this company that no one knows where to111 find. She gave here this address to serve her2 in Florida and it's an empty apartment.3 There's no dispute that the4 merchandise that she sent me was sent to me in5 very bad condition. She admitted it in an email6 that I have also enclosed in the pretrial7 memorandum.

She told when we met that she had8 twenty-seven years experience producing for9 herself and people other people. This email is10 saying it is true that this was my first time11 working for someone else, but it's not my first12 time in the business experience. First lie.13 Then she goes I cannot supervise my employees in14 Brazil on a daily basis, but she told me she had15 supervised this order before it was shipped to16 me. She then said I send my daughter to Brazil17 for an investigation.

The conclusion was that18 the sample makers got tired of doing the samples19 over and over for months and because of this,20 because they couldn't take it anymore, they21 starting doing a bad job on purpose. Then it22 says because of this some of the best23 seamstresses we have been fired and remaining24 one did some kind of sabotage as revenge because25 their coworkers got fired. It's not my121 responsibility how happy or unhappy her2 employees were. She's admitted here that, yes,3 the order was sabotaged, I can see that, that4 things were going wrong, but I'm not going to do5 anything about it to fix it.

Then she6 disappeared and now she's hiding behind two7 corporations with the same logo, same8 everything. One that I cannot serve in Florida9 and even the Secretary of State doesn't know10 where it is, to an empty apartment in Florida,11 and to a corporation in New York that's an LLC,12 because I never did business with that, and13 that's really what is going on here.14 THE COURT: Do you have a copy of the15 contract that you signed with this defendant?16 MS. FACCHI: There's no contract. That's17 even more fun.

There's no contract first of18 all. This is what happened with the so called19 contract. At the time of the contract I had no20 legal business. I had no inc.

I had no bank21 account. Bank account for the business. I only22 had personal bank account. In the paperwork23 that she sent me the contract was mainly to24 protect me from her copying my designs.

We did25 draft something. It was never signed. I never131 signed it. And what she send me in the email2 was not signed because I have the email and I3 have the attachment and it's not signed.

It was4 never signed. There was never any signature on5 it and she wants you to believe that because my6 name is on it that I sent it to her to sign. In7 fact, when she produced the so called agreement8 in Court my name was misspelled on it. I would9 never send an agreement to sign with my name10 misspelled.

So, there was never an agreement.11 It was never signed. The agreement was on the12 name of issue which was the corporation that she13 knew that that was the name I wanted to use for14 the collection but the corporation was not --15 had not been formed at the time. And I told her16 that that was not definite name because I was17 speaking to a marketing director friend of mine18 who told me that because my line is based in19 Europe issue is a very confusing name for20 pronounce it. So she knew that there was no21 company.

I paid her with my personal bank22 account and my name is on the purchase orders23 that she sent me. There was no agreement.24 THE COURT: Do you have the purchase orders25 that you paid?141 MS. FACCHI: Yes, if you want, here's the2 pretrial memorandum.3 THE COURT: Let me see the purchaser order.4 MS. FACCHI: One second, please.

There5 were several. Several purchase orders.6 THE COURT: See what you got.7 MS. FACCHI: Here's one. And here's8 another.9 THE COURT: Please show it to Ms.

Costa,10 please.11 MS. FACCHI: And here's a packing list.12 And I don't know if you're seeing the13 incorporation papers from her Florida company.14 THE COURT: Ms. Costa, do you have any15 objection to these items being introduced in16 evidence?17 MS. COSTA: Excuse me?18 THE COURT: Any objection to these items19 being admitted in evidence?20 MS.

COSTA: That's right, no objection. I21 do have objection about the comments that she's22 making.23 THE COURT: About the purchase orders?24 MS. COSTA: No, about the comment.25 THE COURT: Forget about the comment. I'm151 dealing with paperwork.2 Without objection the packing list3 will be Plaintiff's number 1.

And then we have4 three purchase orders will be in evidence as5 Plaintiff's Number 2A, B and C. Mark them,6 please.7 MS. COSTA: Can I also show my --8 THE COURT: One second, Ma'am.910 (Whereupon Plaintiff's Exhibit 1 is marked11 in Evidence.)1213 (Whereupon Plaintiff's Exhibits 2A, B & C14 are marked in Evidence.)1516 THE COURT: Do you have a copy of or proof17 of payment?18 MS. FACCHI: Yes, I have.19 THE COURT: What do you have?20 MS.

FACCHI: One second. This is a few.21 There were five payments in total. Those are22 three different payments out of the five.23 THE COURT: Is that what you got?24 Any objection, Ms. Costa?25 MS.

COSTA: She only brought the ones that161 she paid to me, myself, because she doesn't want2 to show the other ones that were brought to my3 company.4 MS. FACCHI: I already said there were five5 payments.6 THE COURT: When she's done with her case7 I'll hear you.8 So, these are the only payment proof9 that you have?10 MS. FACCHI: I thought this was just a11 retrial.12 THE COURT: So that's going to be 3A, B and13 C, proof of payment, in evidence, without14 objection.1516 (Whereupon Plaintiff's Exhibits 3A, B & C17 are marked in Evidence.)1819 THE COURT: Do you have proof that the20 goods that you received were rejected?21 MS. FACCHI: Well, I told her -- well, she22 told me she would not accept returns.

Yeah, I23 have that.24 THE COURT: Let me see that.25 MS. FACCHI: Last sentence, no more excuses171 will be accepted. I will not accept any more2 returns and I will not pay for it anymore.3 THE COURT: Any objection?4 MS. COSTA: Yes.

It was after five times5 of my shipping at my expenses, over $2,000, and6 then she selected she didn't like, she sent to7 New York because I decided instead of send back8 to Brazil I want to inspect them myself.9 THE COURT: So, do you have any objection10 to this document being admitted?11 MS. COSTA: No, I don't, because she was12 just back and forth on purpose, she didn't want13 any merchandise.14 THE COURT: That will be Plaintiff's number15 4.16 (Whereupon Plaintiff's Exhibit 4 is marked17 in Evidence.)1819 THE COURT: So, you're saying that the20 defects were never corrected, that's what you're21 saying?22 MS. FACCHI: You will definitely notice23 this. This is a swimsuit that actually one of24 the strings of it was not even finished.

She25 sold me this to sell several of these.181 THE COURT: I have no idea what you're2 showing me. How about --3 MS. FACCHI: How about this. This is a4 pair of shorts with no name.5 THE COURT: That's a pair of shorts?6 MS.

FACCHI: Yeah, kind of ties around the7 side.8 THE COURT: Now I see it.9 MS. FACCHI: She send me fifty of these10 without the name on it. I send her fifty back11 and another one with no name after she said she12 fixed them all.13 THE COURT: Anything else you want to add?14 MS. FACCHI: I would like to add that I15 consider it very important that the second16 defendant is taken out of this lawsuit because17 she very interested in her own personal name,18 not being the only sole probably in this case19 for obvious reasons.

There is ghost Opera20 Fashion Group, LLC that has the same contact21 information as her old one. This is the same22 company. I never did company with the LLC23 and --24 THE COURT: Never contracted with the LLC?25 MS. FACCHI: Never contracted LLC and the191 Inc.

was not properly formed in New York. The2 Secretary of State never heard of it. The IRS3 probably either. The Florida company, look at4 their affidavit, there is no one known in that5 address that they provided for corporate address6 for the Inc.

Neither company should be in this7 lawsuit.8 THE COURT: That's an affidavit of service9 on this case?10 MS. FACCHI: Yes.11 THE COURT: Is that in the file?12 MS. FACCHI: It's not, not pretrial13 memorandum, but I have it here.14 THE COURT: Let me have that.15 MS. FACCHI: Says nobody.

That's a vacant16 apartment. And she knowingly send me in that17 apartment knowing that the company doesn't18 exist. Her lawyer proceeded the address for the19 2009.20 MS. COSTA: You went there because you21 wanted to go.22 MS.

FACCHI: Because I live to chase you23 around for years.24 MS. COSTA: I'm here.25 MS. FACCHI: After you disappeared for a201 year.2 THE COURT: It's not what you say to each3 other that counts and what you said to me that4 counts. If I were you, I would simply save my5 ammunition for the right party.

That's what I'm6 saying. We're on the record. Okay. Just limit7 your comments to the matter at trial.8 MS.

FACCHI: I'm sorry, your Honor.9 THE COURT: Sure. Thank you.10 Can we make a copy?11 Anything else you want to add,12 Ms. Facchi?13 MS. FACCHI: Just like after year of trying14 to get some relief my company still exists but I15 sent all the money that I had to purchase these16 items.

I cannot sell them because they don't --17 they're not sellable. Half of them don't have18 my brand name inside. Some of them, as you saw,19 are not what I order. Completely different20 fabric.

Completely different print. This may21 both be tops, both have stripes, and obviously22 not the same thing. I cannot put a picture of23 this and send to the customer. All of the24 styles I send have this kind of problem.

Some25 were unfinished. Some were dirty. Sixty211 percent didn't have my name on it. What I would2 like is after year of trying to get this3 resolved, because I'm bleeding money, I mean, my4 company still paying for accounting services,5 online services, because I dot not want to close6 this business, recoup some of the money that I7 invested in this fictitious company and be able8 to invest with real sound manufacturer to9 continue with my business.

And also would pray10 that you can see right through this corporate11 veil charade that you can see this Opera Fashion12 Group, Inc. should not be included, she doesn't13 own any shares in the company. I have the14 paperwork here.15 THE COURT: Ms. Costa, I'll hear you now.16 You got to speak louder.17 MS.

COSTA: When she came to my store and18 saw that I used to have in Soho she came to me19 saying she was fashion designer and she had some20 sketches, some ideas. She asked me to produce21 her collection. She also told me that she was22 F.I.T. Fashion.23 MS.

FACCHI: I attend F.I.T.24 THE COURT: Miss, I already heard you,25 that's it.221 MS. COSTA: I lost confident that she knew2 she was asking me to do. She also give me some3 examples. She was going to Brazil to contact4 some additional manufacturers.

And she was5 going to contact me after, when she returned6 from Brazil. So when she came back she said7 that she was going to hire me to do her8 production because she was mistreated in Brazil.9 I couldn't understand why because Brazilian10 people are very friendly and you also always try11 to help people, especially when they're starting12 a new business. What I didn't know was that her13 designs that she was trying to produce were14 hundred percent copy of other designers. I also15 have the emails that I will show you in evidence16 that when she said that she was afraid to be17 caught this is one of the reasons why delayed18 every time, was Googling people, designers, to19 select her collection, and then she ask me to20 start over again, new samples, new names, change21 the names, because she didn't have a name.

When22 she went to my store, which was -- this is the23 store address and the company name, we cannot,24 you don't have a bank account, if you don't have25 a company or a tax I.D. number for a legal231 entity, it doesn't matter if it's in the state2 of Florida or New York, I was authorized to do3 business in New York, that's why it has the New4 York address, and if you go to, I don't know if5 you can, please --6 THE COURT: One second. Do you have any7 objection to that document being introduced into8 evidence?9 MS. FACCHI: Yes, because it's just a10 check, you can have any address you want to a11 check.12 THE COURT: One second.13 In evidence, over objection, is14 Defendant's A.1516 (Whereupon Defendant's Exhibit A is marked17 in Evidence.)1819 MS.

COSTA: So, the same company that she20 send the first $8,000 that just sworn you will21 send to my personal account. She said the first22 payment, $8,000 was given to me, this is not23 true. I have the proof here. I have the email24 here.25 MS.

FACCHI: I object.241 MS. COSTA: That shows the first wire2 transfer send to Opera Fashion Group, Inc.3 MS. FACCHI: I never swore I sent all the4 money to her personal bank payment.5 MS. COSTA: I'm speaking now.

The first6 payment, that one that she says she gave me, to7 my personal account, was actually paid to Opera8 Fashion Group, Inc. to Washington Mutual Bank,9 which is the business account.10 THE COURT: All right.11 MS. FACCHI: I object.12 THE COURT: Defendant's B over objection.13 You may continue.1415 (Whereupon Defendant's Exhibit B is marked16 in Evidence.)1718 MS. COSTA: When she came to the store she19 mentioned about the problems that she had in20 Brazil.

Then she also asked me -- she gave me21 some samples that she had brought to Brazil from22 different manufacturers. Those samples, she23 asked me to duplicate those samples which were24 actually copied from different designers. I25 didn't feel comfortable because as designer251 myself, I'm a real designer, and I do have, not2 twenty-seven years, thirty years experience in3 the fashion industry, and this is part of my4 media coverage. If you want to please, this is5 the proof that I'm a real designer.

I don't6 copy anyone, because I don't have to, I don't7 need to. And also because my line is -- all my8 lines, my collections, have been featured in the9 most important magazines, not only in the United10 States, but in Europe, Asia, in many other11 countries. So, this is my work.12 MS. FACCHI: Your Honor, I object.

I13 object.14 THE COURT: I understand you're a designer.15 Continue please.16 MS. COSTA: And the other thing is she17 didn't know how to create a collection. I give18 her permission to use some of my designs, those19 designs. Now, she's actually saying things20 about me.

She is insulting me in line. I found21 out. Someone Googling my name and my company22 and found out about what she's saying about me23 on the web, saying that I'm copying her, that24 I'm stealing her.25 THE COURT: You know, she's not suing you261 for defamation or anything like that. The2 contract, the purchase order, the payments made,3 the goods rejected, and whether or not they4 were --5 MS.

COSTA: She gave me those samples and6 asked me to start making a production. She knew7 that all the manufacturing process was going to8 be made in Brazil, so it doesn't matter where9 the company is based at because she knew that10 all the production was going to be made Brazil11 because she wanted production to be made in12 Brazil. What she did, she was given me new13 names every week. She give me $2,000 in wire14 transfer payable to the company.

She sent15 $2,000, paid Opera Fashion Group, Inc. with16 paper. I also have the records with me.17 THE COURT: Let me see that.18 MS. COSTA: She give me this $2,000.19 MS.

FACCHI: I object. Payment gotten20 through.21 MS. COSTA: Few days later I asked her22 to -- we had problem with Pay-Pal, so I asked23 her to cancel the transaction and she invited me24 to lunch before she was leaving to London. So,25 she invited me to lunch and the transaction, the271 $2,000 was canceled.2 THE COURT: So, she didn't pay you $2,000?3 MS.

COSTA: When she met for lunch, of4 course she didn't have check or whatever she5 gave me, she went to her bank and she gave me6 $2,000 replacing that.7 THE COURT: So, she paid you, personally,8 $2,000 cash?9 MS. COSTA: Exactly it, and doesn't say it10 has my name, but it can also be it was for the11 company, it doesn't matter how receive money for12 the company. So, it doesn't matter, it wasn't13 for me, the money. The first money was supposed14 to pay to start buying accessories because I'd15 like to show you what she order, her pieces.16 She was a new designer and she want to make17 something big, big companies.

I'm in this18 business for so many years. I never want to19 spend $7,000 and that's what she did. All the20 pieces that she size this, it's not true,21 because she said this is what I send to London22 because she asked do not put any label on my23 pieces, they should be tag less for your24 comfort.25 THE COURT: Let me see the receipt. That281 will be Defendant's C.2 (Whereupon Defendant's Exhibit C is marked3 in Evidence.)45 MS.

COSTA: So, I never --6 THE COURT: One second, Ma'am, he has to7 write C on that. You may continue.8 MS. COSTA: And because she was constantly9 changing the name, for the reasons that I10 already explained, we had to start over and over11 about ten times and every time that they start a12 new production we have to start over from the13 sketches to the buttons. So, it's a long14 process.

And then you have to buy new fabrics.15 Then you have to go make new samples and you16 have to start new on production. So all the17 changes where the result was delay and problems18 because every time that I had to go make new19 samples. It's not my employees that will make,20 the employees. I had to hire somebody else,21 different people.

They're call sample makers,22 not just regular seamstress, sample makers. So,23 I had to pay for these people to make new24 samples. Those are the ones who got upset at25 her because she couldn't take it anymore. She291 was changing the styles every single week so2 that I couldn't do that job anymore and what I3 did was I did fire them and hire new people and4 of course they got stressed out and upset.

So I5 thought -- in the beginning I thought they were6 doing this as a revenge or sabotage and I7 realized when we met, when she received the8 merchandise which is here, I have the proof that9 she received the -- she received seven hundred10 seventy pieces, the first shipment. And in the11 next shipment --12 THE COURT: That was sent to her?13 MS. COSTA: Brazil. It went from Brazil to14 her.

Seven hundred seventy pieces. Some of the15 pieces were without the -- what they did was16 they send transfer to me because she was in a17 hurry, I want pieces immediately. What they18 did, they send me transfer, the labels.19 MS. FACCHI: I object.20 MS.

COSTA: Which are -- this is how, the21 results. I don't know if you like to take a22 look. So, in other words, this is the transfer23 which is applied on this like a sticker.24 THE COURT: Like a stamp?25 MS. COSTA: Exactly.

So you have to make301 seven thousand pieces of it for one thousand2 pieces order. So, all the remaining pieces, it3 was at my expense. What they did, they send4 me -- when they send pieces without the label,5 without the transfer, she asked me to send6 everything back. I had asked her, send me the7 pieces back, I will do it myself.

So, I had to8 hire someone here in New York for the labels.9 She has one shorts with -- without the label,10 one shorts, but all the other ones, all the11 ninety nine pieces have the labels. Do you know12 why? Because I did it myself. Because I did it13 myself with my own hands.

Because they didn't14 want to finish the work so they gave me the15 machine and I was doing the work myself just to16 be on time with her order. Also, when she17 received the order, her lawyer said that she was18 willing to accept replacement to avoid delay,19 she was willing to accept different pieces that20 I had here in New York. So, I sent samples for21 her to select the ones she liked and she kept22 the samples as well and then she later said that23 she didn't want my pieces. I also have the24 email from her saying that I don't want your25 pieces, I want my order.

So, at this point,311 what I did, I had two options, she had all the2 pieces, the order was complete except for 1003 pieces that she decided no longer to accept, her4 lawyer said that she was unwilling to accept5 those pieces, no reason whatsoever, pieces that6 was on her web site, pieces approved, not my7 samples, her own pieces, and she just decided8 that she didn't want the pieces anymore. At9 this point I have the email here showing that10 she didn't want my samples. I have all the11 emails here from April that says I totally12 understand all the delay has been my fault and13 I'm confident next year I will be able to start14 sooner and every thing done sooner. Yes, the15 name change really, excuse me, the word, screwed16 things up.17 THE COURT: You sent out the first18 shipment?19 MS.

COSTA: The first shipment was sent --20 we have the date. It's May 13, 2009.21 THE COURT: And when was the first shipment22 supposed to go out?23 MS. COSTA: Well, when it was ready. The24 problem with, like I said, if there was no25 agreement there was no deadline, there was no321 specific deadline.

I was justing trying to2 finish and to remake pieces. I also have here3 it shows how many times we had to change the4 pieces.5 THE COURT: Let me see that invoice6 shipment order.7 MS. COSTA: Sent from Brazil.8 THE COURT: Show it to Ms. Facchi, please.9 MS.

FACCHI: I would like to point out it10 was not received. All these sizes were wrong.11 MS. COSTA: It's about sizes or quantity.12 MS. FACCHI: And the quantities were also13 wrong.14 THE COURT: That will be defendants D.1516 (Whereupon Defendant's Exhibit D is marked17 in Evidence.)1819 THE COURT: You may continue now.20 MS.

COSTA: We cannot ship as supporting --21 you cannot ship any merchandise with incorrect22 amount number of pieces, you cannot, because the23 pieces are counted by the government, so they24 know how many pieces you have, so it's25 impossible to ship to support the product331 without the wrong and correct quantity of2 pieces. So, this is official commercial3 invoice. As you can see, there's also the4 pieces that I shipped from New York. Said5 hundred seventy pieces from Brazil and hundred6 thirty five pieces from New York, which includes7 pieces that I fixed the labels.

I bought the8 labels and some pieces that also were sent to9 Brazil to be fixed because she didn't like the10 way it looks, she didn't like the clasp, so I11 had to change the clasp as well. She didn't12 like that. She had that changed. So everything13 was ready, the shipment was sent back to London.14 So, the first ten box, as you see it says ten15 box, so it must have the quantity correct and16 also for New York there is also a Fed-Ex17 information tracking number for New York on18 those papers with hundred thirty five pieces.19 So everything was labeled.

Everything was20 fixed. I shipped the pieces to her.21 THE COURT: So, these pieces that you22 shipped out were already corrected?23 MS. COSTA: Completely 100% accept for the24 one that she has here. It's very easy to cut a25 bikini and say that it was sent cut.

I would341 never inspect something and send a Bikini cut2 that way. I do have a name. Okay. So, in3 other words, pieces were correct and shipped to4 London but the problem about her returning5 pieces was her lawyer said that she didn't want6 to receive the pieces.

Some pieces she didn't7 like. She said the pieces were -- she didn't8 like the pieces anymore. We did photo shoot and9 she found the pieces later.10 MS. FACCHI: I object.11 MS.

COSTA: I didn't send those 400 pieces.12 It's on the email from the lawyer. It's on this13 paper. It says Ms. Facchi is unwilling to14 accept those pieces and there's no problem.15 It's actually on her web site.16 MS.

FACCHI: I object.17 MS. COSTA: In other words, now we have --18 we had two options. Since she's finding the19 pieces too bad, dirty, label less, if fantastic,20 I can still sell the pieces. So this is my21 suggestion.

If she's -- if she doesn't want to22 keep those pieces, just send me the pieces.23 Actually, send everything back to Brazil to the24 address on the shipper's address and then she25 was unwilling to receive hundred pieces, I can351 even pay her back. It's my loss, but I lost2 already a lot with this, on this order.3 THE COURT: So, these pieces were rejected,4 but they were not returned?5 MS. COSTA: Those ones were returned, those6 hundred pieces, so I can even replace -- I can7 even give her her money back because she want8 it, but I start getting upset when I realize I9 was doing everything I could working fourteen,10 fifteen hours a day to fix the problem, solve11 the problem, and every time I was checking my12 email, you know, the things is I never, I never,13 I wasn't hiding from anyone because I don't need14 too. I don't need to hide.

I just stopped15 communicating with her lawyer because I'm tired16 of this back and forth.17 THE COURT: Did you make the corrections18 and --19 MS. COSTA: Shipping, everything.20 THE COURT: -- ship pieces again with21 corrections?22 MS. COSTA: And she said she was still23 receiving from her lawyer.24 THE COURT: When did you do that? Do you25 have proof?361 MS.

COSTA: Yes, I do you have.2 THE COURT: It's already here?3 MS. COSTA: On the Fed-Ex.4 THE COURT: And she kept those pieces?5 MS. COSTA: And still saying I don't want6 this piece anymore, I want my money back. And7 at this point I want my -- I won't return8 because I still in the same bad condition.

This9 is not true. This is not true. I'm telling the10 truth. At this point I said I will not play11 this game anymore because I understood she12 wasn't trying to have the pieces back, she13 wasn't trying to have the pieces fixed, she was14 trying to have the money back.

And then I said15 enough because I spent so much money and so many16 hours on the orders that I cannot take this17 anymore.18 THE COURT: Okay. Do you have proof that19 you have a valid corporation?20 MS. COSTA: Can you please access --21 THE COURT: No, no, no. You show me the22 paperwork that you have.23 MS.

COSTA: I forget to bring today. If I24 go --25 THE COURT: This is it. We're on trial.371 MS. COSTA: Do have?

Last time she has the2 paper.3 THE COURT: It's not her burden. This4 is -- that's your defense.5 MS. COSTA: Exact.6 THE COURT: You have to prove that.7 MS. COSTA: The company is based in Florida8 and the address she was given was a copy of9 every year you have to renew the report.10 THE COURT: I need to see that.

Do you11 have something?12 MS. COSTA: I forgot to bring, but it's13 what you do every year when you have -- we have14 to pay a fee to keep your business alive and the15 business alive just go to sunbees.org and you16 see that the business alive. And when you move,17 the address she had was from -- it was showing18 the Thompson address for New York and the19 address in Florida which was three -- for three20 years ago, of course it was three years ago21 address. I'm no longer living in Florida, I22 couldn't be using the same address.

So I had my23 official address based in New York and just24 address, my son's address in Miami just to keep25 that one. Required to have one address in381 Florida even if I'm not doing business in New2 York. I'm in Florida. So, I could have one3 address, physical address in New York, which was4 my son's old address.

So, there is no ghost5 company. There is no ghost, no hiding. The6 last year I was opening a showroom in New York7 City and I was required to have a business. The8 landlord asked me to have a company based in New9 York City.

So what I did, opened Opera Fashion10 Group, LLC for this specific showroom that's11 actually not closed, because economy was bad and12 I just realized that most of my client they come13 from the internet. As far as phone number, of14 course it must be the same because it's still my15 label. Company is one thing. A label brand is16 something different.

So, company, I can even17 have ten companies, and those ten companies can18 use only one label. My label is Opera, which it19 didn't have the same name as fictitious name.20 That one thing. And company name is something21 else. So, it doesn't matter if the phone number22 is the same, if the web site is the same, it23 doesn't matter.

And so nowhere else to say.24 What I say is I have the email that she sent me25 once again to explain she complains about the391 delay. The delays was -- most of them caused2 by -- caused by problems that she had with all3 the designers and I also have this email here4 from her that says I know, I know, sorry to be a5 pain in the ***, excuse the word, about selling6 the inventory. I want to look perfect. I fire7 proof something.

If the order doesn't look8 right then it will be my fault. Right here.9 So, she knew that if she doesn't sell the10 merchandise was going to be her fault because11 she didn't know how to run business.12 MS. FACCHI: Your Honor, objection.13 MS. COSTA: And also because she was -- she14 said that she went to FIT, she was a fashion15 student.

In reality, she told me later that she16 was actually a maid or housekeeper. I don't17 recall. So, how can you have experience in18 fashion industry, in the field, if you even go19 to school to learn the process of making a20 garment? This caused delays.

It caused21 problems. Because every time as explained, you22 had to go make new pieces over and over. And23 the fabric that she showed, I explained to her,24 I have the emails here explaining, that if you25 start this particular strapping bikini, at the401 photo shoot she didn't like the way was fitting2 on the model, she said I want to redo all those3 pieces. I have the emails.

I have to redo one4 hundred fifty tops because she didn't like the5 way it was looking on the model. So, you had to6 discard all the fabrics. At this point the same7 fabric was no longer available because fashion8 is -- we have -- it's seasonal when print, it's9 out of stock, they don't reprint it. It's over.10 It's gone.

I explain it to her if you start11 over it's going to be problems, we don't have12 the fabric anymore and it will cause more delay.13 She understood. She agreed. I have the emails14 that shows that she was informed about the15 problems that as a consequence, as a result of16 her starting over a new production. So, she17 knew, she knew it.

She also made me print --18 made me make one thousand pieces with her label.19 It's called Silk Screen. First one thousand20 pieces, one thousand bags for each bikini to be,21 so the bag to each bikini, each color, so we had22 to buy like extra for bikini and to make the23 first thousand pieces and she later said want24 additional one thousand because I want to sell25 separates because I want to get more money411 higher price. So you had to make additional one2 thousand pieces. When she received the3 merchandise on the bags like this she just said4 I do not want bags because they look cheap, I'm5 going to make in volume.

So I also have emails.6 So we had to throw it in the garbage, a huge bag7 of packing bags and everything went to the8 garbage. This one piece here, they made one9 hundred pieces, and all these pieces was10 supposed to be a necklace, all the necklaces at11 the photo shoot just said that she didn't like12 the way it looked, she didn't like, and she said13 let's do something else, let's just do a new14 production, and I want to, instead of using a15 necklace, because it's too heavy, I want to use16 just a ring, it's on her web site, a ring with17 her name personalized, which you have to make18 thousands for her order, so you had to start19 over again, and we tried to use the same because20 there was no longer the same fabric available,21 so what we did we identified same one pieces,22 removed the necklaces and the ring, it was sent23 to Brazil, so everything was fixed and sent to24 her, which she received. She said you send me25 the same one pieces. Of course it was the same421 one pieces because as explained it was no more2 fabric.

So she didn't like. She was upset.3 She discarded one hundred pieces, three4 different colors. There is nothing wrong. As5 you can see, it has her label.6 MS.

FACCHI: Sixty percent of that didn't7 come with the label, your Honor. Sixty percent8 of that stock came nameless.9 THE COURT: We'll have to stop. You may10 continue.11 MS. COSTA: So, all the pieces, as12 explained, pieces that we sent along without the13 label I took my time to put the labels here in14 New York and this is the -- that's why I have15 these pieces here, extra pieces, because they16 send me extra pieces and once again each color.17 THE COURT: Are you done?18 MS.

COSTA: Basically.19 THE COURT: You're done, right?20 MS. COSTA: What I can say now is she want21 her money back. Once again we will give her22 money back I just want the whole merchandise23 back then I can give her money back. I will24 lose but I will try to sell the pieces to pay25 her.431 THE COURT: My decision is reserved.

You2 will get it in the mail. Okay. Have a good3 day.4 (Matter adjourned.)5 REPORTER'S CERTIFICATION6 Certified to be a true and accurate7 transcript of the original stenographic notes.89 ------------------------------------------------------1011 DeWAYNE SCHMIDT12 OFFICIAL COURT REPORTER131415****181920****23242**** DeWAYNE J. SCHMIDTOFFICIAL COURT REPORTER2 TAX I.D.# 41-224****NEW YORK CITY CIVIL COURT3 111 CENTRE STREET, ROOM 1167N.Y., N.Y.

100134 Phone (646) 386-**** Fax (212) ***-***** OPERA FASHION GROUP, INC.105 Thompson St., N.Y., N.Y. 100126 ------------------------------------------------------NILSA FACCHI7VS.8SUELI COSTA AND OPERA FASHION GROUP, INC.9 ------------------------------------------------------Furnishing a copy of the transcript in the10 above-captioned matter before the Honorable MANUEL J.MENDEZ, A.S.C.J., in Part PA-1 of the New York City11 Civil Court at 111 Centre Street, on Tuesday, June1st, 2010.12 ------------------------------------------------------13 Total: $233.20Deposit: $200.0014 Bal Due: $33.2015 Received By:_________________________________________16 Date:____________________171819 Check #: $200.00 cash deposit on 08/10/1020 Dated:21 File Name 060110A3.ecl22 No. of Pages: 4423 Reg.24 No. of Copies: 2=Deft.

and Appeal Copy.25 Client's Copy451 DeWAYNE J. SCHMIDTOFFICIAL COURT REPORTER2 TAX I.D.# 41-224****NEW YORK CITY CIVIL COURT3 111 CENTRE STREET, ROOM 1167N.Y., N.Y. 100134 Phone (646) 386-**** Fax (212) ***-***** NILSA FACHI917-***-***** ------------------------------------------------------NILSA FACCHI7VS.8SUELI COSTA9 ------------------------------------------------------Furnishing a copy of the transcript in the10 above-captioned matter before the Honorable MANUEL J.MENDEZ, A.S.C.J., in Part PA-1 of the New York City11 Civil Court at 111 Centre Street, on Tuesday, June1st, 2010.12 ------------------------------------------------------13 Total: $180.601415 Received By:_________________________________________16 Date:____________________17 Printed on 08/02/11 for Plaintiff:1819 Check #:20 Dated:21 File Name 060110A3.ecl22 No. of Pages: 4223 Reg.

X24 No. of Copies: 125 Reporter's Copy----------------------------------END OF TRANSCRIPT-------------------------------------------- :grin

#324555

The real reason behind the lawsuit filed by Nilsa Facchi Bollier against Opera Fashion Group and Sueli Costa:

She demanded changes after changes on the "samples" she had given us to be produced (without labels or tags) and only later confided the reasons for the numerous changes: "they were too recognizible" . Unfortunately the production was concluded by then and we couldn't afford to have the items she wanted redone. We lost 200 of them, by redoing the striped bikini that she copied from Poko Pano, (without our knowledge) as a courtesy, but it wasn't good enough for her. She became furious and decided to take legal actions against the company and Sueli Costa, and is also now tarnishing the DBA/label and website

The only means she found viable was by filing a lawsuit for "breach of contact, " even though, according to herself during the trial, "there was no contract" between the parties.

She complained about quality and used this as a good excuse. To view the items produced by us shipped to her, and the good quality standards of it, please visit her website www.betther.com and see what she says about the products.

Please read below the real facts and the type of person she really is. She poses as designer but creates her "collections" by copying real designers on the web, where she spends full time harrassing whoever she doesn't like, bullying, and posting false allegations and attacks against them. Please read two of her email messages to Sueli Costa (a real designer) and let me know if she seems to be legitimate and a credible person.

She is now facing the consequences of her actions, and will most liketly be sued by the designers (POKO PANO, CIA MARITIMA, LIMONADA, GUCCI, VIX, ETC) she copied without permission.

The biggest fear of this former maid turned fashion designer, will now become a reality . She is also facing serious legal actions for posting false allegations on the web, against both the designer Sueli Costa and Opera Fashion Group.

She is the real and true liar.

Opera Fashion Goup, Inc

TWO OF THE NUMEROUS MESSAGES FROM NILSA FACCHI BOLLLIER TO SUELI COSTA:

-----Original Message-----

From: Nilsa Bollier

To: Sueli Costa

Sent: Wed, Jan 14, 2009 3:59 pm

Subject: Re: questions for you

Yes I am too freaked out to use it now that i know who made it, i was under the impression that it was a "generic" victoria secret bikini, now i think that the best thing i could do is change it. the problem isnt the bottoms because there are lots of bottoms that look like that, but the top, is too recognizable, i googled "one shoulder bikini" and got many poko pano photos with that bikini,

so, lets do the following, i am going to look at your tops to see which ones could look good with the bottoms i already made for alice and i will disregard the top all together because is not worth it, i just found out its been featured in many publications... but thats ok, i will go with one of yours that looks good with the one string bottoms.

regarding the other suit i also used (the tyty) i dont think i will have problems, i dont remember who makes the sample i gave you though... thats why i want to change the black/white stripes with green bottoms to yellow to see if it makes a difference. i dont want to take any chances of being involved in any troubles

thanks!! :)

nilsa

-----Original Message-----

From: Nilsa Bollier

To: Sueli Costa

Sent: Wed, 14 Jan 2009 9:16 am

Subject: questions for you

Hey!

How are you? hope i am not driving you guys too crazy with all the changes...

i was reading online and i am a bit worried about the Alice Bikini. i know i copied it from a style i saw online, but it turns out its quite a famous maker (poko pano) who makes it.

i didnt think that copying a style as bad until i ran into some articles online (gwen stefani filed suit agains forever 21 for copying her designs) she probably wont win but if poko pano goes after me, im going to be screwed. maybe it would be good to change the top or the bottoms for one of your collection. what do you think?

OR we could use the bottoms from KYM on alice and the alice bottoms on kym

if not! how much would it cost me to order an extra 100 bottoms (of your collection) so that i can pair them with ALICE

then kym will have 2 bottoms to choose from

what do you think about this?

thanks and i am sorry for being such a pain, hopefully things will be easier next year :)

nilsa

PS: NUMEROUS OTHER EMAILS ARA AVAILABLE TO SHOW THAT SHE'S A FRAUD AS DESIGNER. The only designs she was allowed to use were Opera by Sueli Costa because the designer was kind enough to authorized it. The rest of "her collection" , was a total stealing of other people's creations.

More incriminating emails from Nilsa Facchi Bollier (AKA DOLCE GAL) are available upon request.

Opera Fashion Group

www.operaswimwear.com

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