Preview
FILED: SUFFOLK COUNTY CLERK 05/25/2021 02:30 PM INDEX NO. 608053/2021
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/25/2021
EXHIBIT D
FILED: SUFFOLK COUNTY CLERK 05/25/2021 02:30 PM INDEX NO. 608053/2021
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/25/2021
Sullivan & Klein, T.TP
2"J&±aonAvenue,8SEoor
™ NewYork,NewYork10016 onic-in
DirectDial
Telephone:(212)695-0910
605-1602
Telefax: (212)695-0915 Newark,NewJersey
RobertM.Sullivan General@Sd1:-addei¾c= -1R Connecticut
RSullivan@S--n'd-inlaw.cont
May 18, 2021
VIA E-MAIL ONLY (thcrostcncSDie±9!e-.com)
Thomas Tona, P.C.
152 Islip
Avenue,Suite18
Islip, New
York 11751
Attn: ChristopherM. Becker,Esq.
Re: Home Line of Islip
Properties Terrace, LLC,et al v. Ki-gstens
Insurance Cornpany,
et al.
Our File No. 03-888
Dear Mr.Becker:
This is a follow-up
to our recent telephone conversa+ien
As we discussed, this office
represents, and will
be appearing for, K. Bell
Asseciates, Inc.
and Ken Bell.
Our officehas conducteda icvic.of thismatterwithour clientand withcess.-1for
Kingstene.Based upon this review,
we have ce?-d that notice
of claimprovidedby K. Bell
Inc. to K ng:±:nc
Associates, under a policy
foran adjacent property
owned by your clients
has
net½g to do withKingstone'sheretefere
schilieftoadjust the
claim.Althengh epp-dy a
rescrcation
ofrightsletter
was issued on that basis, it
is my sdcr±± n;that Kingstonehas
rescindedthatgre'.mdforitsreservation
of rights.
It is and="
my ng that Kingsteneis
its investigation
continuing of this claim
and has not yet denied it.
hicrcover,as we alsodirus:ed, thereare no allegationsin thecornglulaiof the
ssice of
any independentterticus
acts on the part
of KenBell,which would cast himin
damages individually.
Accordingly,as I suggested in our we
conversation, believethata siipGlation
of
disc·:ntinnmee
in favor
of K. Bell
Associates
and Ken Bellis in order.
I have p=prad and executed a prpsedstip±±i:2 of disc__::_scewithoutprejudice.
In the event that discovery
EdicEtesthat there is a basis for IIâ'6illiy
on the part of K. Bell
and/or
Ken Bell,the action
can alwaysbe refiled. we ask that you
Accordingly, execute and return
the
which
enclosed stipulation, we willfile.
FILED: SUFFOLK COUNTY CLERK 05/25/2021 02:30 PM INDEX NO. 608053/2021
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/25/2021
Thomas Tona, P.C.
Attn: Chri::topher
M. Becker,
Esq.
May 18, 2021
Page 2
If we do not receive the signed
;_'-tin of your
or an indication conscre to
21, 2021, we will
the action by May be forced to file
a r:t!: to Mcmics the action.
acccrdi-gly.
Please be pided
We look ferwardto your favorable
reply.
Very yours,
truly
SULLIVAN & IN,LLP
By:
Robert M.Sullivan
RMS:mco
Enclosure
FILED: SUFFOLK COUNTY CLERK 05/25/2021 02:30 PM INDEX NO. 608053/2021
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/25/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTYOF SUFFOLK
-------
HOME LINE PROPERTIES OF ISLIPTERRACE, LLC, Index No.608053/2021
RAFAEL AVGI and RACHEL AVGI,
Plaintiffs,
STIPULATION OF
-against- DISCONTINUANCE
WITHOUT PRE JUDICE
KINGS TONE INSURANCE COMPANY, K. BELL &
ASSOCIATES, INC.and KEN BELL, INDIVIDUALLY,
Defendants.
--- ------------ --- --------- x
IT IS IWRFBY STIPULATED AND AGREED, by and bet-eenenimnel for the parties
in the above-c:.;±lned
action hereto is an infant,
wliercas no party
that, in::rp-tontperson for
whom a -c or counci vniee, and no perscñ not a party has an "-t
c has been sp;rint:d in
the subject matter of the action, the above-c
±!ni action be, and the same hereby is dis=±!r=3
K. Bell
as against dùfciidâñts & Associates, Inc. ("K. and Ken Bell
Bell") only, r!±her±
p
and viithout
costs to any party as agaiñst any other party;
and
IT IS F URTHER STIPULATED AND AGREED, that K. Bell
and Ken Bellreserve all
rights or anfn==
to assert any and all claims a=:cod or accecd in this or which
action, may
hc::der or dispr±3 betvecen the partics;
arise or accrue in any other action, precccding and
IT IS FURTIIER S urULATED AND AC-RRED, that this EC
c!c±!=may be executed
inone or more counte‡Ms, and thatf=imne of copiesof21¿ :: shall
be decracd to be
and
originals;
IT IS FÜKniÈR STIPULATED AND AGsEE-n, that this may be filed with
the Clerk
of the Court
-ithoutflutisc1 notice.
1
FILED: SUFFOLK COUNTY CLERK 05/25/2021 02:30 PM INDEX NO. 608053/2021
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/25/2021
Dated: New York,New York
May __, 2021
THOMAS TONA, P.C.
Attorneysfor Flain6ffs
Homclino Properties
of Islip
Terrace, LLC,
Rafael Avgiand Rachel Avgi
By:
Christopher
M. Becker,Esq.
152 Islip
Avenue,Suite 18
New
Islip, York 11751
(631) 780-5355
SULLIVAN & KLEIN, LLP
Attorneysfor Defendants
K. Bell& Associates,
Inc. and Ken Bell,
individually
By:
Robert M.Sullivan
260 Madison 8* Floor
Avenue,
New York,New York 10016
(212) 695-0910
File No. 03-888
2
Preview
FILED: SUFFOLK COUNTY CLERK 05/25/2021 02:30 PM INDEX NO. 608053/2021 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/25/2021 EXHIBIT D FILED: SUFFOLK COUNTY CLERK 05/25/2021 02:30 PM INDEX NO. 608053/2021 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/25/2021 Sullivan & Klein, T.TP 2"J&±aonAvenue,8SEoor ™ NewYork,NewYork10016 onic-in DirectDial Telephone:(212)695-0910 605-1602 Telefax: (212)695-0915 Newark,NewJersey RobertM.Sullivan General@Sd1:-addei¾c= -1R Connecticut RSullivan@S--n'd-inlaw.cont May 18, 2021 VIA E-MAIL ONLY (thcrostcncSDie±9!e-.com) Thomas Tona, P.C. 152 Islip Avenue,Suite18 Islip, New York 11751 Attn: ChristopherM. Becker,Esq. Re: Home Line of Islip Properties Terrace, LLC,et al v. Ki-gstens Insurance Cornpany, et al. Our File No. 03-888 Dear Mr.Becker: This is a follow-up to our recent telephone conversa+ien As we discussed, this office represents, and will be appearing for, K. Bell Asseciates, Inc. and Ken Bell. Our officehas conducteda icvic.of thismatterwithour clientand withcess.-1for Kingstene.Based upon this review, we have ce?-d that notice of claimprovidedby K. Bell Inc. to K ng:±:nc Associates, under a policy foran adjacent property owned by your clients has net½g to do withKingstone'sheretefere schilieftoadjust the claim.Althengh epp-dy a rescrcation ofrightsletter was issued on that basis, it is my sdcr±± n;that Kingstonehas rescindedthatgre'.mdforitsreservation of rights. It is and=" my ng that Kingsteneis its investigation continuing of this claim and has not yet denied it. hicrcover,as we alsodirus:ed, thereare no allegationsin thecornglulaiof the ssice of any independentterticus acts on the part of KenBell,which would cast himin damages individually. Accordingly,as I suggested in our we conversation, believethata siipGlation of disc·:ntinnmee in favor of K. Bell Associates and Ken Bellis in order. I have p=prad and executed a prpsedstip±±i:2 of disc__::_scewithoutprejudice. In the event that discovery EdicEtesthat there is a basis for IIâ'6illiy on the part of K. Bell and/or Ken Bell,the action can alwaysbe refiled. we ask that you Accordingly, execute and return the which enclosed stipulation, we willfile. FILED: SUFFOLK COUNTY CLERK 05/25/2021 02:30 PM INDEX NO. 608053/2021 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/25/2021 Thomas Tona, P.C. Attn: Chri::topher M. Becker, Esq. May 18, 2021 Page 2 If we do not receive the signed ;_'-tin of your or an indication conscre to 21, 2021, we will the action by May be forced to file a r:t!: to Mcmics the action. acccrdi-gly. Please be pided We look ferwardto your favorable reply. Very yours, truly SULLIVAN & IN,LLP By: Robert M.Sullivan RMS:mco Enclosure FILED: SUFFOLK COUNTY CLERK 05/25/2021 02:30 PM INDEX NO. 608053/2021 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/25/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTYOF SUFFOLK ------- HOME LINE PROPERTIES OF ISLIPTERRACE, LLC, Index No.608053/2021 RAFAEL AVGI and RACHEL AVGI, Plaintiffs, STIPULATION OF -against- DISCONTINUANCE WITHOUT PRE JUDICE KINGS TONE INSURANCE COMPANY, K. BELL & ASSOCIATES, INC.and KEN BELL, INDIVIDUALLY, Defendants. --- ------------ --- --------- x IT IS IWRFBY STIPULATED AND AGREED, by and bet-eenenimnel for the parties in the above-c:.;±lned action hereto is an infant, wliercas no party that, in::rp-tontperson for whom a -c or counci vniee, and no perscñ not a party has an "-t c has been sp;rint:d in the subject matter of the action, the above-c ±!ni action be, and the same hereby is dis=±!r=3 K. Bell as against dùfciidâñts & Associates, Inc. ("K. and Ken Bell Bell") only, r!±her± p and viithout costs to any party as agaiñst any other party; and IT IS F URTHER STIPULATED AND AGREED, that K. Bell and Ken Bellreserve all rights or anfn== to assert any and all claims a=:cod or accecd in this or which action, may hc::der or dispr±3 betvecen the partics; arise or accrue in any other action, precccding and IT IS FURTIIER S urULATED AND AC-RRED, that this EC c!c±!=may be executed inone or more counte‡Ms, and thatf=imne of copiesof21¿ :: shall be decracd to be and originals; IT IS FÜKniÈR STIPULATED AND AGsEE-n, that this may be filed with the Clerk of the Court -ithoutflutisc1 notice. 1 FILED: SUFFOLK COUNTY CLERK 05/25/2021 02:30 PM INDEX NO. 608053/2021 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/25/2021 Dated: New York,New York May __, 2021 THOMAS TONA, P.C. Attorneysfor Flain6ffs Homclino Properties of Islip Terrace, LLC, Rafael Avgiand Rachel Avgi By: Christopher M. Becker,Esq. 152 Islip Avenue,Suite 18 New Islip, York 11751 (631) 780-5355 SULLIVAN & KLEIN, LLP Attorneysfor Defendants K. Bell& Associates, Inc. and Ken Bell, individually By: Robert M.Sullivan 260 Madison 8* Floor Avenue, New York,New York 10016 (212) 695-0910 File No. 03-888 2