On January 01, 2018 a
Motion,Ex Parte
was filed
involving a dispute between
Beazley Insurance Company, Inc,
and
Take-Two Interactive Software, Inc.,
for Commercial Division
in the District Court of New York County.
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FILED: NEW YORK COUNTY CLERK 01/31/2020 07:13 PM INDEX NO. 650532/2018
NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 01/31/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
BEAZLEY INSURANCE COMPANY, INC.
Index No. 650532/2018
Plaintiff/Counterclaim-
Defendant, Justice Barry R. Ostrager
v. ORAL ARGUMENT REQUESTED
TAKE-TWO INTERACTIVE SOFTWARE,
INC.
Defendant/Counterclaim-
Plaintiff.
PLEASE TAKE NOTICE that the undersigned will move this Court before the Motion
Submissions Part of the Supreme Court of New York, County of New York, at the Courthouse,
Room 130, 60 Centre Street, New York, New York 10007, on March 20, 2020 at 9:30 a.m., or as
soon thereafter as counsel can be heard for an order of summary judgment pursuant to CPLR
3212(e) directing Plaintiff Beazley Insurance Company, Inc. (“Beazley”) to reimburse Defendant
Take-Two Interactive Software, Inc. (“Take-Two”) under its directors and officers insurance
policy for Take-Two’s defense and settlement of a lawsuit filed by Leslie Benzies on April 11,
2016 in New York state court, and for such other and further relief as this Court may deem just
and proper.
This motion is based upon the Affirmation of Michael C. Lynch, Esq., duly sworn on the
31st day of January 2020, the exhibits attached thereto, the Affidavit of Adam S. Wexler, duly
sworn on the 31st day of January 2020, the exhibits attached thereto, Memorandum of Law in
Support of Summary Judgment, Rule 19-A Statement of Undisputed Material Facts in Support of
Summary Judgment, and all pleadings and proceedings heretofore had herein.
1 of 2
FILED: NEW YORK COUNTY CLERK 01/31/2020 07:13 PM INDEX NO. 650532/2018
NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 01/31/2020
PLEASE TAKE FURTHER NOTICE that pursuant to the Compliance Conference
Stipulation and Order dated October 23, 2019, answering papers, if any, are required to be served
upon the undersigned by February 28, 2020, reply papers, if any, shall be served by March 13,
2020, and oral argument shall be held on March 24, 2020 at 2:15 PM.
Dated: New York, New York
January 31, 2020
KELLEY DRYE & WARREN LLP
By: s/ Michael C. Lynch
Michael C. Lynch
Joel A. Hankin
101 Park Avenue
New York, New York 10178
Tel.: (212) 808-7800
Fax: (212) 808-7987
mlynch@kelleydrye.com
jhankin@kelleydrye.com
Cameron R. Argetsinger
3050 K Street NW, Suite 400
Washington, DC 20007
Tel.: (202) 342-8400
Fax: (202) 342-8451
cargetsinger@kelleydrye.com
Counsel for Take-Two Interactive Software, Inc.
2
2 of 2
Document Filed Date
January 31, 2020
Case Filing Date
January 01, 2018
Category
Commercial Division
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FILED: NEW YORK COUNTY CLERK 01/31/2020 07:13 PM INDEX NO. 650532/2018 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 01/31/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK BEAZLEY INSURANCE COMPANY, INC. Index No. 650532/2018 Plaintiff/Counterclaim- Defendant, Justice Barry R. Ostrager v. ORAL ARGUMENT REQUESTED TAKE-TWO INTERACTIVE SOFTWARE, INC. Defendant/Counterclaim- Plaintiff. PLEASE TAKE NOTICE that the undersigned will move this Court before the Motion Submissions Part of the Supreme Court of New York, County of New York, at the Courthouse, Room 130, 60 Centre Street, New York, New York 10007, on March 20, 2020 at 9:30 a.m., or as soon thereafter as counsel can be heard for an order of summary judgment pursuant to CPLR 3212(e) directing Plaintiff Beazley Insurance Company, Inc. (“Beazley”) to reimburse Defendant Take-Two Interactive Software, Inc. (“Take-Two”) under its directors and officers insurance policy for Take-Two’s defense and settlement of a lawsuit filed by Leslie Benzies on April 11, 2016 in New York state court, and for such other and further relief as this Court may deem just and proper. This motion is based upon the Affirmation of Michael C. Lynch, Esq., duly sworn on the 31st day of January 2020, the exhibits attached thereto, the Affidavit of Adam S. Wexler, duly sworn on the 31st day of January 2020, the exhibits attached thereto, Memorandum of Law in Support of Summary Judgment, Rule 19-A Statement of Undisputed Material Facts in Support of Summary Judgment, and all pleadings and proceedings heretofore had herein. 1 of 2 FILED: NEW YORK COUNTY CLERK 01/31/2020 07:13 PM INDEX NO. 650532/2018 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 01/31/2020 PLEASE TAKE FURTHER NOTICE that pursuant to the Compliance Conference Stipulation and Order dated October 23, 2019, answering papers, if any, are required to be served upon the undersigned by February 28, 2020, reply papers, if any, shall be served by March 13, 2020, and oral argument shall be held on March 24, 2020 at 2:15 PM. Dated: New York, New York January 31, 2020 KELLEY DRYE & WARREN LLP By: s/ Michael C. Lynch Michael C. Lynch Joel A. Hankin 101 Park Avenue New York, New York 10178 Tel.: (212) 808-7800 Fax: (212) 808-7987 mlynch@kelleydrye.com jhankin@kelleydrye.com Cameron R. Argetsinger 3050 K Street NW, Suite 400 Washington, DC 20007 Tel.: (202) 342-8400 Fax: (202) 342-8451 cargetsinger@kelleydrye.com Counsel for Take-Two Interactive Software, Inc. 2 2 of 2