On February 16, 2018 a
Trial Materials
was filed
involving a dispute between
Amazing Home Care Services, Llc,
Boro Park Operating Company, Llc,
and
Applied Risk Services, Inc.,
Applied Risk Services Of New York, Inc.,
Applied Underwriters Captive Risk Assurance Company, Inc.,
Applied Underwriters, Inc.,
Ars Insurance Agency,
Au Holding Company Inc., A Delaware Company,
Berkshire Hathaway Inc., A Delaware Corporation,
California Insurance Company,
Commercial General Indemnity., Inc., A Hawaii Corporation,
Continental Indemnity Company,
Hub International Northeast Limited,
Illinois Insurance Company,
Joseph Schwartz,
North American Casualty Company,
Oxford Coverage, Inc.,
for Commercial - Insurance
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 01/10/2019 04:25 PM INDEX NO. 650789/2018
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 01/10/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
________ _______--------------------------X
AMAZING HOME CARE SERVICES, LLC,
BORO PARK OPERATING COMPANY, LLC ECF CASE
Both individually, and on behalf of the approximate 40
other related companies and entities which are listed on Index No. 650789/18
Schedule A hereto, as Participants 527339 and
signatories to the Reinsurance Participation Agreement, DEMAND FOR NAMES
AND ADDRESS
OF WITNESSES
Plaintiffs,
-against-
APPLIED UNDERWRITERS CAPTIVE RISK
ASSURANCE COMPANY, INC., APPLIED
UNDERWRITERS, INC., APPLIED RISK
SERVICES, INC., APPLIED RISK SERVICES OF
NEW YORK, INC., CONTINENTAL INDEMNITY
COMPANY, ILLINOIS INSURANCE COMPANY,
CALIFORNIA INSURANCE COMPANY, ARS
INSURANCE AGENCY, HUB INTERNATIONAL
NORTHEAST LIMITED, OXFORD COVERAGE, INC.
and JOSEPH SCHWARTZ
Defendants.
_________________________..---------- -·-----------X
S I R S :
PLEASE TAKE NOTICE, that pursuant to CPLR §3101(a), defendant, by his
attorneys Marshall, Dennehey, Warner, Coleman & Goggin, P.C., demands that plaintiffs set
forth, in writing and under oath, within thirty (30) days of services of this demand the
following.
1. The names and addresses of each person claimed to be a witness to:
LEGAL/120319459.vi
1 of 2
FILED: NEW YORK COUNTY CLERK 01/10/2019 04:25 PM INDEX NO. 650789/2018
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 01/10/2019
a) the occurrence(s) and condition(s) complained of in the Amended
Complaint;
b) any acts or omissions which allegedly caused the damages alleged in the
Amended Complaint; and
PLEASE TAKE FURTHER NOTICE, that ifno such witnesses are known, so state in
the reply to this demand.
PLEASE TAKE FURTHER NOTICE, that the undersigned will object at the time of
trialof this action to the testimony of any witnesses not so identified.
DATED: Melville, New York
January 10, 2019
Yours, etc.,
MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN, P.C.
Attorneys for Defendants Oxford Coverage, Inc.
and Joseph Schwartz
('
MARTIN A, SCHWARTZBERG
105 Maxess Road, Suite 303
Melville, NY 11747
(631) 232-6130
MDWCG File No, 05111.00158
TO: ALL ATTORNEYS APPEARING ON THE NYSCEF WEBSITE
- 2-
2 of 2
Preview
FILED: NEW YORK COUNTY CLERK 01/10/2019 04:25 PM INDEX NO. 650789/2018 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 01/10/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ________ _______--------------------------X AMAZING HOME CARE SERVICES, LLC, BORO PARK OPERATING COMPANY, LLC ECF CASE Both individually, and on behalf of the approximate 40 other related companies and entities which are listed on Index No. 650789/18 Schedule A hereto, as Participants 527339 and signatories to the Reinsurance Participation Agreement, DEMAND FOR NAMES AND ADDRESS OF WITNESSES Plaintiffs, -against- APPLIED UNDERWRITERS CAPTIVE RISK ASSURANCE COMPANY, INC., APPLIED UNDERWRITERS, INC., APPLIED RISK SERVICES, INC., APPLIED RISK SERVICES OF NEW YORK, INC., CONTINENTAL INDEMNITY COMPANY, ILLINOIS INSURANCE COMPANY, CALIFORNIA INSURANCE COMPANY, ARS INSURANCE AGENCY, HUB INTERNATIONAL NORTHEAST LIMITED, OXFORD COVERAGE, INC. and JOSEPH SCHWARTZ Defendants. _________________________..---------- -·-----------X S I R S : PLEASE TAKE NOTICE, that pursuant to CPLR §3101(a), defendant, by his attorneys Marshall, Dennehey, Warner, Coleman & Goggin, P.C., demands that plaintiffs set forth, in writing and under oath, within thirty (30) days of services of this demand the following. 1. The names and addresses of each person claimed to be a witness to: LEGAL/120319459.vi 1 of 2 FILED: NEW YORK COUNTY CLERK 01/10/2019 04:25 PM INDEX NO. 650789/2018 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 01/10/2019 a) the occurrence(s) and condition(s) complained of in the Amended Complaint; b) any acts or omissions which allegedly caused the damages alleged in the Amended Complaint; and PLEASE TAKE FURTHER NOTICE, that ifno such witnesses are known, so state in the reply to this demand. PLEASE TAKE FURTHER NOTICE, that the undersigned will object at the time of trialof this action to the testimony of any witnesses not so identified. DATED: Melville, New York January 10, 2019 Yours, etc., MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN, P.C. Attorneys for Defendants Oxford Coverage, Inc. and Joseph Schwartz (' MARTIN A, SCHWARTZBERG 105 Maxess Road, Suite 303 Melville, NY 11747 (631) 232-6130 MDWCG File No, 05111.00158 TO: ALL ATTORNEYS APPEARING ON THE NYSCEF WEBSITE - 2- 2 of 2