Motion,Ex Parte: Atlantic Casualty Insurance Company v. Eastern Fruit & Vegetables Inc.

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                                FILED:         KINGS       COUNTY         CLERK        09/10/2020             12:19       PM                        INDEX    NO.   510798/2018
   NYSCEF     DOC.   NO.   117                                                                                RECEIVED      NYSCEF:     09/10/2020




                  SUPREME COURT OF THE STATE OF NEW YORK
                  COUNTY OF KINGS
                   ATLANTIC CASUALTY INSURANCE                                        Index No.: 510798/2018
                   COMPANY,
                                                                                      Hon. Carl Landicino, J.S.C.
                                              Plaintiff,
                                                                                      REPLY AFFIRMATION IN
                   v.                                                                 FURTHER SUPPORT OF
                                                                                      PLAINTIFF’S CROSS-MOTION
                   EASTERN FRUIT & VEGETABLES INC.

                                              Defendant.


                           Debra M. Krebs, Esq. an attorney duly admitted to practice law in the State of New York,

                  affirms the following under the penalty of perjury:

                           1.       I am a partner in the law firm Keidel, Weldon & Cunningham, LLP, attorneys for

                  Plaintiff, Atlantic Casualty Insurance Company (“Atlantic”).              As such, and based upon my review

                  of this file, I am fully familiar with the facts and circumstances set forth herein.

                           2.       I submit this affirmation in further support of Atlantic’s cross-motion for an order

                  (1) pursuant to CPLR 3211(b) dismissing or striking Defendant’s Second and Sixth Affirmative

                  Defenses; and/or (2) restoring Motion Sequence 03 in which Atlantic sought similar relief and in

                  reply to Defendant’s opposition to that cross-motion.              In addition, to the extent the Affidavit of

                  Suzanne Parrish was submitted in opposition to Defendant’s motion, this affirmation is submitted

                  in connection with that motion as well.

                           3.       Attached    as  Exhibit   1  is a copy   of  the  Affidavit   of Suzanne     Parrish  previously

                  submitted in connection with this cross-motion, along with a certificate of conformity, which we

                  ask the Court to accept nunc pro tunc.

                           4.       For   the  reasons    discussed    in  support    of  Atlantic’s    cross-motion     and   in  the

                  accompanying       memorandum        of  law,  it is  respectfully   submitted    that  Atlantic’s   cross-motion

                  should be granted.

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   FILED:         KINGS       COUNTY         CLERK        09/10/2020             12:19       PM                        INDEX    NO.   510798/2018
   NYSCEF     DOC.   NO.   117                                                                                RECEIVED      NYSCEF:     09/10/2020




                           WHEREFORE, Atlantic respectfully requests that this Court issue an order: (1) pursuant

                  to  CPLR     §   3211(b)    dismissing     or  striking   Defendant     Eastern    Fruit   &   Vegetables     Inc.’s

                  (“Defendant”) Second and Sixth Affirmative Defenses; and/or (2) restoring Motion Sequence 03

                  in which Atlantic Casualty sought similar relief; and (3) granting such other and further relief as

                  this Court may deem just, equitable and proper.

                  Dated:   White Plains, New York
                           September 10, 2020


                                                                        By:      ________________________________
                                                                                 Debra M. Krebs




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