Preview
FILED: KINGS COUNTY CLERK 11/02/2022 05:29 PM INDEX NO. 510433/2019
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 11/02/2022
New York New Jersey
101 Greenwich Street, 20th Floor 570 W. Mt. Pleasant Avenue
New York, NY 10006 Livingston, NJ 07039
P: 212-363-6900 P: 973-422-9600
F: 212-363-1090 Please reply to the New York office F: 973-422-9666
March 7, 2022
bryan@brooklynjustice.com
Bryan Barenbaum, Esq.
LAW OFFICES OF BRYAN BARENBAUM
2060 Eastern Parkway
Brooklyn, NY 11207
jbieder@bmlslegal.com
John W. Bieder, Esq.
BLACK MARJIEH & SANFORD, LLP
100 Clearbrook Road
Elmsford, NY 10523
neil.palmieri@bmmplaw.com
Neil J. Palmieri, Esq.
BONGIORNO, MONTIGLIO, MITCHELL
& PALMIERI, LLC
200 Old Country Road – Suite 680
Mineola, NY 11501
Re: Grant v. 147-02/12 Liberty Ave., LLC et al
Kings Co. Index No.: 510433/2019
Our File No.: 18233-NW
Dear Counselors:
This office represents defendants Professional Corporate Security Services, Inc. Please consider this our
response to certain discovery demands pursuant to CPLR 3101:
1. Insurance: professional corporate policy by Scottsdale Insurance Company under policy no.: BCS0037019
from 4-26-2018 to 4-26-2019 with limits of $1,000,000.00 and excess policy underwritten by Scottsdale
Insurance Company under policy no.: XLS0104490 from 4-26-2018 to 4-26-2019 with limits of $5,000,000
per occurrence.
2. Opposing Parties’ Statements: None.
3. Incident Reports Prepared in Ordinary Course: Response to be provided under separate cover.
4. Photographs: None.
5. Surveillance: None.
6. Experts: None.
gsbwlaw.com
FILED: KINGS COUNTY CLERK 11/02/2022 05:29 PM INDEX NO. 510433/2019
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 11/02/2022
Please find attached the following documents:
1. Certificate of Insurance (1-page).
2. Security Services Agreement (2-pages).
Thank you for your attention to this matter.
Very truly yours,
/s/ Matthew B. Stein
Matthew B. Stein
MBS/
Encls.
gsbwlaw.com
FILED: KINGS COUNTY CLERK 11/02/2022 05:29 PM INDEX NO. 510433/2019
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 11/02/2022
PROFC-1 O ·
A
CERTIFICATE OF LIABILITY INSURANCE
20
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY EXTEND OR ALTER THE COVERAGE
AMEND, AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder an ADDITIONAL must have
is
INSURED, the policy(les) ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to terms and
the conditions of the policy, certain policies
may cequire an endorsement A statement on
.
PROOUCER 877-242-9600 c TACT Centraj jnSUraGCS Agency
Central Insurance Agency, Inc.
PHoNE FAX
93 East Main Street Em: g77.242-ggag 877-243-8995
puC, No, (AtC, No):
Smithtown, NY 11787
George Gavaris
S. certificates@ciainsures.com
- - - - -- -- -- - ----- --
'
NSURER(S) AFFORDING COVERAGE NAIC
INSURED Professional Corporate :The Fund
NSuRER S State Insurance 36102
Security Services, Inc.
347 5th Ave, Ste 1402-197 INSURER C :
Standard Security Life Ins Co 69078
_
New York, NY 10016
SURER D :
-..................__
" INSuRER E :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOO
INDICATED. NOTWrINSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR POLICY EFF '
POUCY EXP
A X CCMMERCIAL GENERAL UASIUTY
EACH OCCURRENCE
* '
CLAIMS.MADE X cCcuR
y BCS0037019 100,000
04/26/2018 04/2612019 _P s s
X ASsualt & Battery .
X Errors & Omission
nov mYRY 1,000,000
PERScut s
GEm. AGGRESA.BE ULIIT AP_FU_E_S PER
GENERAL AGGREGATE 5
2,m,m
X POUCY LDC 2,000,000
PRCDUCTS - COMPiCP AGG 5
OTHER:
S
AUTOMOBILE UABILrIY COUSINED SINGLE UMIT
(Ea accidemo .. . . S
'
ANY AUTO
BCDILY (NJURY
_
tPer S
person)
OWNED SCHEDULED
"
AUTOS ONLY AUTOS BOOlLY INJURY LPer
-
' accident) 5
'
HIP D NO PROPERTY DAAIAGE
-....... AU ONLY A
1Pet._acckfe.tL_ .
s
UMSRELLA UAB CCCUR
___ EACH CCCURRENCE s
IDCCESS I.tAB CLA!US4TADE
. AGGREGATE S
'---T
( I DED RETENTION S '
S
B woRnERs comPENSanoN PER OTH-
AND
EMPLOYERS*
UASILTrY
·
X . SnW :
ER
f_LN-
Any PRoPMARTNMCUnVE L23S7476-5 07/24/2017 07/24/2018
EL EACH ACCIDENT 1,000,000
OFFIC BER EXCLUDED' N IA $
(Mandatory n NH)
EL DISEASE - EA EUPLOYEE 3 "ÛÛÛ*
it yes. describe under
PT'
O S ~OPFDATEONS below
E L g
DISEAS -
PCUCY UMIT 5 ' *
C DESability 73506-00 03/04/2018 03/D4/2019
Statutory
DESCRIPTION OF OPERATIONS f LOCATIONS f VEMICLES (ACORD 1IM, Additional Remarks Schedule, be attached if more space is
stay required)
Jouva NY, Inc dba Jouvay Nightclub is included as an additional insured
under e general liability with respect to the created by the
liability
negligent acts, errors and omissions of the named msured herein as required
by wntten contract
JOUVAYN
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCEL1.ED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE
NY, Inc. WILL BE DELIVERED
Jouvay ACCORDANCE
IN
WITH THE POUCY PROVISUNS.
dba Jouvay Nightclub
M7-02 Liberty Ave.
AUTHORIZED REPRESENTATNE
Jamaica, NY 11435
ACORD 25 ©
(2016/03) 1988-2015 ACORD CORPORAT ON. All rights reserved.
Tne ACORD name and fogo are registered mar3r-s of ACORD
FILED: KINGS COUNTY CLERK 11/02/2022 05:29 PM INDEX NO. 510433/2019
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 11/02/2022
.¼C2-19-
wenue. duite
New cri:, NY 10016
732 746-0023
5ECURITY SERVICE AGREEME
G
Th 5 agreement ertered
is into effective as of ("Effective Date") by and between
Professional Corporate Security 5ervices, inc. havin 3 principal place of business at 347 5 Avenue. Surts
14C·2-197. New York, NY 10016 (hereinafter referred to the Jouvav
as "Contractor") and Jouvay NY, inc. dba
Nightclub with an address at 147-02 Liberty Ave. Jamaica. NY 11435 (hereinafter referred to as "Operator")
WHEREAS Contractor operates uncer New New
, 5tate of Yoric and Jersey. This business is licensed by New
or.. uepartment of State. Division of 5ervices and The New Jersev State Police.
Licensing
NOW THEREFORE, in consideration of the mutual promises and covenants contained the recéict and
herein,
sufficiency of which are hereby acknowledged, Contrac~or and advantageous to
Operator, deeming mutually
enter into the Agreement hereinafter set forth,de covenant and agrees as follows
1. SERVICES:
Contractor agrees to provide and deploy officers and guard's services for the Contractor at ine
security
following location 147-02 Liberty Av.e., Jamaica. NY 11435
2. PERSONNEL:
All Security officers and other employees Jndi or agents of the Contractor who will perform services
or the Contractor shall be employees of the Contractor only and not of the Operator.
a. The Operator will determine the number of security officers that is needed for each event.
b. The Operator will need to finalize the number of security officers 24 hours prior to event.
c. The Contractor Personnel is not responsible for stopping a Patron from excess drinking; this
staf°
decision must come from the Operator and or their
d. The Contractor Personnel is not responsible fcr
notifying the Operator of any water and or clean
ups need at the location.
Contractor not responsible for Patrons self-ir.f!ected injuries.
e. The is
f. The Contractor Officers will go through a State Issued Background Cnecks. in New York officers w
be issued a New York 5tate !D. in New Jersey officers will be issued a NJ 5tate 50RA Card
3. SHiFTS:
the event the Operator requests a ofñcer towor@.
a. All security shifts will be 6 hours. in security
6 the Operator will be billed at overtime.
more than hours;
Operator cuts officers immediately (within the 'irst hour of assignment) each security
b. If the security
officer will be billed at 540.00.
Preview
FILED: KINGS COUNTY CLERK 11/02/2022 05:29 PM INDEX NO. 510433/2019 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 11/02/2022 New York New Jersey 101 Greenwich Street, 20th Floor 570 W. Mt. Pleasant Avenue New York, NY 10006 Livingston, NJ 07039 P: 212-363-6900 P: 973-422-9600 F: 212-363-1090 Please reply to the New York office F: 973-422-9666 March 7, 2022 bryan@brooklynjustice.com Bryan Barenbaum, Esq. LAW OFFICES OF BRYAN BARENBAUM 2060 Eastern Parkway Brooklyn, NY 11207 jbieder@bmlslegal.com John W. Bieder, Esq. BLACK MARJIEH & SANFORD, LLP 100 Clearbrook Road Elmsford, NY 10523 neil.palmieri@bmmplaw.com Neil J. Palmieri, Esq. BONGIORNO, MONTIGLIO, MITCHELL & PALMIERI, LLC 200 Old Country Road – Suite 680 Mineola, NY 11501 Re: Grant v. 147-02/12 Liberty Ave., LLC et al Kings Co. Index No.: 510433/2019 Our File No.: 18233-NW Dear Counselors: This office represents defendants Professional Corporate Security Services, Inc. Please consider this our response to certain discovery demands pursuant to CPLR 3101: 1. Insurance: professional corporate policy by Scottsdale Insurance Company under policy no.: BCS0037019 from 4-26-2018 to 4-26-2019 with limits of $1,000,000.00 and excess policy underwritten by Scottsdale Insurance Company under policy no.: XLS0104490 from 4-26-2018 to 4-26-2019 with limits of $5,000,000 per occurrence. 2. Opposing Parties’ Statements: None. 3. Incident Reports Prepared in Ordinary Course: Response to be provided under separate cover. 4. Photographs: None. 5. Surveillance: None. 6. Experts: None. gsbwlaw.com FILED: KINGS COUNTY CLERK 11/02/2022 05:29 PM INDEX NO. 510433/2019 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 11/02/2022 Please find attached the following documents: 1. Certificate of Insurance (1-page). 2. Security Services Agreement (2-pages). Thank you for your attention to this matter. Very truly yours, /s/ Matthew B. Stein Matthew B. Stein MBS/ Encls. gsbwlaw.com FILED: KINGS COUNTY CLERK 11/02/2022 05:29 PM INDEX NO. 510433/2019 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 11/02/2022 PROFC-1 O · A CERTIFICATE OF LIABILITY INSURANCE 20 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY EXTEND OR ALTER THE COVERAGE AMEND, AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder an ADDITIONAL must have is INSURED, the policy(les) ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to terms and the conditions of the policy, certain policies may cequire an endorsement A statement on . PROOUCER 877-242-9600 c TACT Centraj jnSUraGCS Agency Central Insurance Agency, Inc. PHoNE FAX 93 East Main Street Em: g77.242-ggag 877-243-8995 puC, No, (AtC, No): Smithtown, NY 11787 George Gavaris S. certificates@ciainsures.com - - - - -- -- -- - ----- -- ' NSURER(S) AFFORDING COVERAGE NAIC INSURED Professional Corporate :The Fund NSuRER S State Insurance 36102 Security Services, Inc. 347 5th Ave, Ste 1402-197 INSURER C : Standard Security Life Ins Co 69078 _ New York, NY 10016 SURER D : -..................__ " INSuRER E : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOO INDICATED. NOTWrINSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF ' POUCY EXP A X CCMMERCIAL GENERAL UASIUTY EACH OCCURRENCE * ' CLAIMS.MADE X cCcuR y BCS0037019 100,000 04/26/2018 04/2612019 _P s s X ASsualt & Battery . X Errors & Omission nov mYRY 1,000,000 PERScut s GEm. AGGRESA.BE ULIIT AP_FU_E_S PER GENERAL AGGREGATE 5 2,m,m X POUCY LDC 2,000,000 PRCDUCTS - COMPiCP AGG 5 OTHER: S AUTOMOBILE UABILrIY COUSINED SINGLE UMIT (Ea accidemo .. . . S ' ANY AUTO BCDILY (NJURY _ tPer S person) OWNED SCHEDULED " AUTOS ONLY AUTOS BOOlLY INJURY LPer - ' accident) 5 ' HIP D NO PROPERTY DAAIAGE -....... AU ONLY A 1Pet._acckfe.tL_ . s UMSRELLA UAB CCCUR ___ EACH CCCURRENCE s IDCCESS I.tAB CLA!US4TADE . AGGREGATE S '---T ( I DED RETENTION S ' S B woRnERs comPENSanoN PER OTH- AND EMPLOYERS* UASILTrY · X . SnW : ER f_LN- Any PRoPMARTNMCUnVE L23S7476-5 07/24/2017 07/24/2018 EL EACH ACCIDENT 1,000,000 OFFIC BER EXCLUDED' N IA $ (Mandatory n NH) EL DISEASE - EA EUPLOYEE 3 "ÛÛÛ* it yes. describe under PT' O S ~OPFDATEONS below E L g DISEAS - PCUCY UMIT 5 ' * C DESability 73506-00 03/04/2018 03/D4/2019 Statutory DESCRIPTION OF OPERATIONS f LOCATIONS f VEMICLES (ACORD 1IM, Additional Remarks Schedule, be attached if more space is stay required) Jouva NY, Inc dba Jouvay Nightclub is included as an additional insured under e general liability with respect to the created by the liability negligent acts, errors and omissions of the named msured herein as required by wntten contract JOUVAYN SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCEL1.ED BEFORE THE EXPIRATION DATE THEREOF, NOTICE NY, Inc. WILL BE DELIVERED Jouvay ACCORDANCE IN WITH THE POUCY PROVISUNS. dba Jouvay Nightclub M7-02 Liberty Ave. AUTHORIZED REPRESENTATNE Jamaica, NY 11435 ACORD 25 © (2016/03) 1988-2015 ACORD CORPORAT ON. All rights reserved. Tne ACORD name and fogo are registered mar3r-s of ACORD FILED: KINGS COUNTY CLERK 11/02/2022 05:29 PM INDEX NO. 510433/2019 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 11/02/2022 .¼C2-19- wenue. duite New cri:, NY 10016 732 746-0023 5ECURITY SERVICE AGREEME G Th 5 agreement ertered is into effective as of ("Effective Date") by and between Professional Corporate Security 5ervices, inc. havin 3 principal place of business at 347 5 Avenue. Surts 14C·2-197. New York, NY 10016 (hereinafter referred to the Jouvav as "Contractor") and Jouvay NY, inc. dba Nightclub with an address at 147-02 Liberty Ave. Jamaica. NY 11435 (hereinafter referred to as "Operator") WHEREAS Contractor operates uncer New New , 5tate of Yoric and Jersey. This business is licensed by New or.. uepartment of State. Division of 5ervices and The New Jersev State Police. Licensing NOW THEREFORE, in consideration of the mutual promises and covenants contained the recéict and herein, sufficiency of which are hereby acknowledged, Contrac~or and advantageous to Operator, deeming mutually enter into the Agreement hereinafter set forth,de covenant and agrees as follows 1. SERVICES: Contractor agrees to provide and deploy officers and guard's services for the Contractor at ine security following location 147-02 Liberty Av.e., Jamaica. NY 11435 2. PERSONNEL: All Security officers and other employees Jndi or agents of the Contractor who will perform services or the Contractor shall be employees of the Contractor only and not of the Operator. a. The Operator will determine the number of security officers that is needed for each event. b. The Operator will need to finalize the number of security officers 24 hours prior to event. c. The Contractor Personnel is not responsible for stopping a Patron from excess drinking; this staf° decision must come from the Operator and or their d. The Contractor Personnel is not responsible fcr notifying the Operator of any water and or clean ups need at the location. Contractor not responsible for Patrons self-ir.f!ected injuries. e. The is f. The Contractor Officers will go through a State Issued Background Cnecks. in New York officers w be issued a New York 5tate !D. in New Jersey officers will be issued a NJ 5tate 50RA Card 3. SHiFTS: the event the Operator requests a ofñcer towor@. a. All security shifts will be 6 hours. in security 6 the Operator will be billed at overtime. more than hours; Operator cuts officers immediately (within the 'irst hour of assignment) each security b. If the security officer will be billed at 540.00.