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Madonna dodges punishment in worn underwear lawsuit

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Madonna dodges punishment in worn underwear lawsuit

Pop icon Madonna has escaped legal sanctions after refusing to have her deposition recorded in a lawsuit over the auction of some of her personal memorabilia, which included a pair of worn satin underwear and a love letter from late rapper Tupac Shakur.

The Queen of Pop is suing former friend Darlene Lutz for consigning her “highly personal items” to online auctioneer Gotta Have It!

Collectibles last summer, claiming that Lutz did not have permission to sell her property.

Madonna’s attorneys prevented Lutz’s videographer from attending her deposition in August.

Lutz’s attorney asked Judge Gerald Lebovits in Manhattan Supreme Court to punish the singer for refusing to be videotaped.

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“Credibility was called into question a number of times” during the legal grilling, Judd Grossman said.

Grossman cited instances where he had asked Madonna about a pair of panties she had sent to a former lover over 20 years ago, which were removed from the auction block when she sued Lutz.

Grossman asked if there was any “good-faith basis” to allege that Lutz took the underwear from her, as Madonna claimed.

“I do not,” Madonna admitted.

She also conceded that fan-club letters and snapshots from a Miami bachelorette party that are at issue in the suit had previously been published, according to Grossman.

“Madonna was visibly uncomfortable during the deposition,” he added.

However, as the deposition was not recorded, her behavior during the questioning cannot be assessed by a jury should the case go to trial, potentially limiting her credibility.

Madonna’s attorney, Brendan O’Rourke, countered that he believed the judge had already told the parties there would be no videotaped depositions, although the judge could not recall whether he had done so.

O’Rourke also said that Lutz’s counsel could not point to one specific instance of perjury in Madonna’s testimony.

Recorded depositions are not the norm, Judge Lebovits said before declining to sanction Madonna.

Lutz is requesting that the case be dismissed on the basis of Madonna’s alleged admissions that many of the items are not personal.

Madonna is suing to prevent the auction house from selling the items and has been granted a temporary restraining order.

Lutz’s lawyer has said that Gotta Have It!

Collectibles has agreed not to sell any more of the items until the case is resolved.

Madonna had previously won a court battle against Lutz in 2003 preventing her from selling some of her belongings, including private photographs and letters.

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