Preview
FILED: KINGS COUNTY CLERK 10/28/2019
10/19/2020 10:19
11:33 AM INDEX NO. 510798/2018
NYSCEF DOC. NO. 67
126 RECEIVED NYSCEF: 10/28/2019
10/19/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
ATLANTIC CASUALTY INSURANCE
COMPANY,
Index No.: 510798/2018
Plaintiff,
ATLANTIC CASUALTY'S FIRST
v. SET OF INTERROGATORIES TO
EASTERN FRUIT &
EASTERN FRUIT & VEGETABLES INC. VEGETABLES
Defendant.
PLEASE TAKE NOTICE that pursuant to CPLR §3101 et seq. and Rule §3130 of the
Civil Practice Law and Rules, the Plaintiff Atlantic Casualty Insurance Company, by its
attorneys, Keidel, Weldon & C±‡=, LLP., hereby requests that Defendant Eastern Fruit &
Vegetables ("Easterñ Fruit"), provide responses to the following interrogatories:
DEFINITIONS AND INSTRUCTIONS
"You" "your"
1. and refers to the party responding to this demand, and any person
acting on itsbehalf, iñcluding, but not limited to itsattorneys.
Casualty"
2. "Atlantic refers to Plaintiff Atlantic Insurance Compañy, and,
Casualty
where applicable, all persons known or believed by you to be itsofficers, directors, employees,
partñcts, corporate parent, subsidiarics, affiliates agents and/or persons acting on its behalf.
Fruit" "Defendant"
3. "Eastern and/or refers to Defendant Eastern Fruit
Construction Inc., and, where applicable, all persons known or believed by you to be itsofficers,
directors, employees, partners, corporate parent, subsidiaries, affiliates agents and/or persons
acting on itsbehalf.
"Morstan"
4. refers to Morstan General Agency, Inc., and, where applicable, all
persons known or believed by you to be its officers, directors, employees, partners, corporate
parent, subsidiarics, affiliates, agents and/or persons acting on its behalf.
1
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"Andreoli"
5. refers to Richard D. Andreoli, and, where applicable, all persons
known or believed by you to be his employees, agents and/or persons acting on his behalf.
Solutions"
6. "Overland refers to Overland Solutions, Inc., and, where applicable, all
persons known or believed by you to be its officers, directors, employees, partners, corporate
parent, subsidiaries, affiliates, agents and/or persons acting on its behalf.
"Policies"
7. The refers to Atlantic Casualty Policy numbers L146001424-1 and/or
L146001424-2 and/or any other policy of insurance pursuant to which Atlantic Casualty insures
or insured Eastern Fruit.
"Audit"
8. The refers to the audit performed by Overland Solutions in connection
with the Policies and/or any other audits performed in connection with the Policies.
Period"
9. The "Relevant refers to the period from April 17, 2016 to May 1, 2017,
inclusive.
10. Information sought by these interrogatories shall include information within the
knowledge, possession, control or access, of any agent, employee, principal, attorney or
investigator (including investigators of an attorney, of the plaintiff, or any person acting as the
plaintiff'
representative or on behalf of the plaintiff, including, but not limited to, any other
independent attorney, agent or investigator).
11. Whenever appropriate, the singular form of a word shall be interpreted as plural,
and the masculine gender shall be deemed to include the feminine.
"and" "or"
12. As used in these interrogatories, the terms as well as shall be
construed either disjunctively or conjunctively as is necessary to bring within the scope of these
interrogatories any information which might otherwise be construed to be outside their scope.
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"date"
13. As used in these interrogatories, the terms means the exact day, month, and
year, if known, or ifnot known, the best approximation thereof. The exact date shall be given in
all answers except where itis explicitly indicated that the approximate date may be given.
"person"
14. As used in these interrogatories, the terms includes, without limiting the
generality of its meaning, every natural person, corporate entity, partnership, association,
governmental body or agency.
entity"
15. As used in these interrogatories, "identification of a person or includes
stating his, her, or its full name, his or her most recent home address and telephone number, his,
her, or its most recent known business address and telephone number, his or her present position,
his or her, or its prior connection or association with the parties to this litigation.
"document"
16. As used in these interrogatories, the term includes, without limiting
the of its all or copies where originals are and non-
generality meaning, originals, unavailable,
identical copies (whether different from originals by reason of notation made on the copies or
otherwise) of all written, recorded, or graphic matter, however produced or reproduced, whether
or not now in existence, of correspondence, telegrams, notes, or sound recordings of any type of
conversation, meeting, or conference, minutes of meetings, memoranda, interoffice
communications, studies, analysis, reports, summaries, and results of investigations and tests,
reviews, contracts, agreements, working papers, tax returns, statistical records, ledgers, books of
count, vouchers; bank checks, bank statements, invoices, bills, written estimates of costs,
receipts, computed date, stenographers notebooks, manuals, directives, bulletins, desk calendars,
appointment books, diaries, maps, charts, photographs, plats, drawings or other graphic
representations, logs, investigators reports, or papers similar to any of the foregoing, however
denominated.
3
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document"
17. As used in these interrogatories, "identification of a includes stating
(a) the nature of the document, (b) the date appearing on the document, ( c) the date on which the
document was prepared, (d) the title of the document, (e) the general subject matter of the
document, (f)the number of pages comprising the document, (g) the identity of each person who
wrote, dictated, or otherwise participated in the preparation of the document, (h) the identity of
each person who signed or initialed the document, (i) the identity of each person who received
the document or reviewed it, (j)the location of the document, and (k) the identity of each person
having custody of the document. Identification of a document includes identifying all documents
known or believed to exist, whether or not in your custody or in the custody of your attorneys.
In all interrogatories requesting the identification of documents, you are requested to state
whether you will make those documents available for inspection copying by the Defendant by
stating "available"; if you are unwilling or unable to produce certain documents, you are
available"
requested to do so by stating "not and state the reasons therefore.
18. If you at any time had possession or control of a document requested to be
identified or produced, and ifthat document has been lost, destroyed, purged, or is not presently
in your possession or control, you shall describe the document, the date of its loss, destruction,
purge, or separation from your possession or control, and the circumstances surrounding its loss,
destruction, purge, or separation from your possession or control, and, if known, you shall
identify the person last known by you to have possession or control of the document.
"communication"
19. As used in these interrogatories, the term means any contact,
oral or written, formal or informal, at any time or place or under any circumstances whatsoever,
whereby information of any nature was transmitted or transferred.
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communication"
20. As used in these interrogatories, "identification of a includes
stating (a) the place the communication took place, (b) the identity of each person who is present
participating in, or has knowledge of the communication, (c) the type of communications, (e.g.,
of the·
telephonic, letter, memo, telex, etc.), (d) the substance communication, and (e) the
identity of each document reflecting, referring to or comprising the communication.
21. If any of the information contained in the answers to these interrogatories is not
within your personal knowledge, so state. The answers to these interrogatories should identify
every person, document, and communication upon which you rely for the information contained
in the answer not based solely on your personal knowledge.
22. If you cannot answer any portion of any of the following interrogatories in full
after exercising diligence to secure the information, so state an answer to the extent possible,
specify in your inability to answer the remainder and stating whatever information or knowledge
you have concerning the unanswered portions.
23. If you claim privilege for any communication or document, or any portion
thereof, about which information is requested by these interrogatories, specify the privilege
claim, the communication and/or answer for which that claim is made, the parties to that
communication, the topic discussed in the communication, and the basis for your claim.
24. Except where expressly stated, these demands are not intended to request the
disclosure of communications between any officer, director or owner of Eastern Fruit &
Vegetables Inc. and any attorney and/or law firm that has appeared on behalf of Eastern Fruit &
Vegetables Inc. in this lawsuit where said correspondence and/or communications were made
after Eastern Fruit & Vegetables Inc. retained said attorney in connection with this lawsuit.
5
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25. Except where expressly stated, these demands are not intended to request
Documents prepared by any attorney and/or law firm retained by Eastern Fruit & Vegetables Inc.
as part of with said attorney and/or law firm's representation of Eastern Fruit & Vegetables Inc.
in this lawsuit, and where said Documents have not been shared, shown or otherwise provided to
any person other than said attorney and/or law firm and/or any officer, director or owner of
Eastern Fruit & Vegetables, Inc.
26.
INTERROGATORIES
1. Identify all persons who provided any information or documents used to draft
responses to these interrogatories.
RESPONSE:
2. Identify all persons whom You believe possess knowledge of the facts relevant to
the subject matter of this case, and for each such person, summarize the knowledge which You
believe he or she possesses.
RESPONSE:
3. Identify all fact witnesses You intend to rely upon at the time of any dispositive
motion, hearing or trial of this matter.
RESPONSE:
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4. Identify all documents and/or other evidence You intend to introduce and/or rely
upon at the time of any dispositive motion, hearing, deposition, or trial of this matter.
RESPONSE:
5. Identify each address at which Eastern Fruit & Vegetables, Inc. regularly received
mail from June 2, 2017 through the date this lawsuit was commenced.
RESPONSE:
6. Identify all payments You made in connection with the Policy and/or the Audit.
RESPONSE:
7. Identify all documents and information You provided to Overland Solutions
and/or any other person in connection with the Audit.
RESPONSE:
8. Set forth Eastern Fruit & Vegetables Inc.'s gross receipts for the following
periods and identify all documents and/or other information relied upon you in calculating its
gross receipts for each period:
7
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a. April 17, 2014 to April 17, 2015;
b. April 17, 2015 to April 17, 2016;
c. April 17, 2016 to April 17, 2017
d. April 17, 2016 to April 17, 2017; and
e. May 1, 2016 to May 1, 2017.
RESPONSE:
9. Set forth when You first received copies of each of the Policies.
RESPONSE:
10. Identify each communication or correspondence between You and any of the
following people or entities:
a. Atlantic Casualty;
b. Morstan;
c. Andreoli; and/or
d. Overland Solutions.
RESPONSE:
11. Identify each communication or correspondence, relating to and/or referencing:
a. The Policy; and/or
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b. The Audit.
RESPONSE:
12. Set forth the basis for your affirmative defense that Atlantic Casualty is estopped
from asserting this action and the rules and principals of equity.
RESPONSE:
business"
13. Set forth the basis for your claim that Atlantic Casualty was "doing in
the State of New York. Where possible, identify each act or transaction by which you claim
Atlantic Casualty did business in New York. Where you are not able to identify particular acts
or transactions, provide as much detail as possible, including identifying the general nature of the
acts and/or transactions and the time period(s) during which you claim those acts and/or
transactions took place.
RESPONSE:
14. Identify the policy referenced in paragraph 8 of the Affidavit in Opposition to
Motion for Summary Judgment of Asif Jhangir, dated October 24, 2018. In doing so, set forth
the name of the carrier, the policy number and the policy period.
RESPONSE:
9
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15. Identify each insurance agent and/or broker that assisted in procuring the policy
referenced in paragraph 8 of the Affidavit in Opposition to Motion for Summary Judgment of
Asif Jhangir, dated October 24, 2018.
RESPONSE:
16. Identify each policy through which You claim Eastern Fruit & Vegetables, Inc.
has maintained commercial general liability insurance provided by Atlantic Casualty, including,
but not limited to each policy referred to by Ms. Jhangir, in paragraph 3 of the Affidavit in
Opposition to Motion for Summary Judgment of Asif Jhangir, dated October 24, 2018, wherein
he states that for six years, ending with the cancellation of [Eastern Fruit's] commercial general
liability insurance policy on or about July 2017, the defendants maintained commercial general
Casualty]."
liability insurance provided by [Atlantic For each policy identified in response to
this interrogatory, set forth,
a. The firstnamed insured;
b. The policy number; and
c. The policy period.
RESPONSE:
Dated: White Plains, NY
October 28, 2019
Keidel, Weldon & Cunningham, LLP
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By:
Robert Walker Lewis, Esq.
Debra M. Krebs, Esq.
Atlantic Casualty Insurance Company
925 Westchester Avenue, Suite 400
White Plains, NY 10604
Tel: (914) 948-7000
Fax: (914) 948-7010
To:
Nathaniel J. Costa, Esq.
L. Blake Morris & Associates
Attorneys for Defendant
Eastern Fruit & Vegetables
1214 Cortelyou Rd.
Brooklyn, NY 11218-5404
11
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Exhibit A
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FILED::
IFILED KINGS
KINGS COUNTY
COUNTY CLERK
CLERK 10/19/2020
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88 :59 AM
AM INDEX
INDEX NO.
NO. 510798/2018
510798/2018
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. E2
126 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 10/19/2020
00/28/2018
Policy L56001424-1 CarrierAtlanticCasuaÌtyInstÅanceCompanyAuditor118Üoseph Reich Policy Period
04/172116 04/17/2017
Serial# 1*200819 Insured EasternFruit& Vegetableloc Date 06:02/2017 0801 2016
Audit Period W01/2017
Policy Type:GeneralLiabi4ty ! Insured Location:
1230-1236
ConeyIslandAvenue neemoara weconowm
-]coyol.ecok : Y-sg ve
Audit Type: Annual ,,
Audit Source:
Physical
Insured Phone:
Logal Entity:
Corporation ec
Audit Location: '230-1236ConeyislandAvenue
Federal fD#:
Ins. Name 2: Brooklyn NY 11218 E uc f¾to
cm Tax .
Audit Phone: 2-2 244 - 5252 Finw.ol 5me
Audit Contact: AnwarulHugue.Accountant
! . .. .. .._...___...-......
ÓESCRIPTIONOFOPERATIONS
InsJredaperatesa grocerystore.Nofresnseafood,rneats.or delicatessenaresold here A varietyof food.papergoods.andfreshfruits andvegetablesaresolo Code1367:1.
Locaton of bus ness 1230- 36ConeyIslandAvenue.Brooklyr. NY 11218
Therewas nocontractla:xr or casuallabor
President s As|fJharge rie overseesdayto dayoscrations.Healso overseesadininistrativeandfisca matters.Heowns 100%of stock,andhe s excluded.
Recordsreviewed-
CHCD,GeneralLedgel,Qurstterly payrollreturris,Yearly:axreturn
Gross receiptson yearlylaxreltro form it20 year2016- 3016399
Cla.m- Cfa1mantNataliaShvartsalattfiled a c aimfor an injury sustaineaor 8-24 16.Clairnantwas œt on payrollin thethird quaiter of2010 Hei namedidrut appemon formNYS45fm the
quarterof 2010.TheaccountantsardthatNataliaShvarlsblatts rot anemployee.Sheis onlya custor,er.
Ex : ¤terview w thArwarut fluque. accountant.Heagreedwith the numberm theworksheet
' |
ADJ GROSS AMOUNT '
TITLE NAME DAYS STATE CODE DFSCRIPTIONOF DUTIES
PAYROLL INCLUDED
Presidert Asit Jhang|r 0 0 365 NY excl mitters
Overseesdayto dayoperations.overseesad'niristrativeandf sul
.. ...
........
.. .. . . . . . ..........__.... _
AU DIT SU MMARY VERil-iCATION SUMMARY
C: ASSlFICATION CODE EXPOSURE Total oss Recepts 2.775.350
SALES EXPOSURE TOTAL 2,775.356
--- -- ---- ----
Eastem Fruit & VegetableInc. - NY -04/17tf6 to 04/1787 - Booklyn
_......_. .sto·es
Grocery. . .. ... .. . .....__........... .
... . 13673
. ......___...........
. ....
.. . . 77 /b,366
TOTAL 2,775,356
PatP1o15
Overland Solutions
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FILED:
[FILED: KINGS
KINGS COUNTY
COUNTY CLERK
CLERK 10/28/2019
10/19/2020
09/25/2018 10:19
11:33
08:57 AM
AMI
INDEX
INDEX NO.
NO. 510798/2018
510798/2018
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 67
126
12 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 10/28/2019
10/19/2020
09/25/2018
Policy #L1460014241 CarrierAtlanticCasualtyInsuranceCornpany
Auditor118- JosephReich Policy Period
04 17Ï20Ï6 0471772017 Ï
Serial# 11206819 Insured EasternFruit& VegetableInc. Date 06/02/2017 Audit Period
O 01/2016 001/201
TotalGross Receipts Detail
Name Code ExactDuties/Nofes Gross
Totalsales 13673 GroceryStore 2775356
AsifJhangir ..... ........ exd
................. overseesadrninistrative
Overseesdayto day operations. andfiscalrnatters a
Total Gross Receipts Figures
Code Name May 2016 June 2016July 2016 Aug 2016 Sep 2016 Oct 2016 Nov 2016 Dec 2016 Jan 2017 Feb 2017 Mas 2017
EasternFruit& Vegetableinc. - NY-Brooklyn
13673 Totalsales 122900 244122 273730 211863 240269 204692 232377 218686 206775 241607 218857 247129
excl AsifJhangir O 0 O 0 0 0 0 0 0 0 0 0
SUBTOTAL 122900 244122 273730 211863 240269 204692 232377 218686 206775 241607 218857 247129
t22900 244122 273730 211863 240269 204692 232377 218686 206775 241607 218857 247129
Total Gross Receipts Figures
Code Narne
2017
13673 Totalsales 112349 2775356
0 0
SUBTOTAL 112349 2775356
GRANDTOTAL 112349 2775356
Total Gross Receipts Verification
17to 4Ò0-16 May 2016 June 2016 July 2016 Aug 2016 Sep 2016 Oct 2016 Nov 2016 Dec 2016 Jan 2017
122900 244122 273730 211863 240269 204692 232377 218686 200775 241607
Feb 2017 Mar 2017 Apr1-17,2017 TOTAL
218857 247129 112349 2775356
TotalGross Receipts Recap forEastern Fruit& VGgGiah:6 Inc.- NY - 04/17/16to 04/17/17 - Brooklyn
Recap TOTAL 13673 Excluded
Lessexd
PrincipalMin/Max/Flat 0
TOTAL 2775356 2775356 0
awsu wanEuccommm Page2of 5
Overland Solutions
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Preview
FILED: KINGS COUNTY CLERK 10/28/2019 10/19/2020 10:19 11:33 AM INDEX NO. 510798/2018 NYSCEF DOC. NO. 67 126 RECEIVED NYSCEF: 10/28/2019 10/19/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ATLANTIC CASUALTY INSURANCE COMPANY, Index No.: 510798/2018 Plaintiff, ATLANTIC CASUALTY'S FIRST v. SET OF INTERROGATORIES TO EASTERN FRUIT & EASTERN FRUIT & VEGETABLES INC. VEGETABLES Defendant. PLEASE TAKE NOTICE that pursuant to CPLR §3101 et seq. and Rule §3130 of the Civil Practice Law and Rules, the Plaintiff Atlantic Casualty Insurance Company, by its attorneys, Keidel, Weldon & C±‡=, LLP., hereby requests that Defendant Eastern Fruit & Vegetables ("Easterñ Fruit"), provide responses to the following interrogatories: DEFINITIONS AND INSTRUCTIONS "You" "your" 1. and refers to the party responding to this demand, and any person acting on itsbehalf, iñcluding, but not limited to itsattorneys. Casualty" 2. "Atlantic refers to Plaintiff Atlantic Insurance Compañy, and, Casualty where applicable, all persons known or believed by you to be itsofficers, directors, employees, partñcts, corporate parent, subsidiarics, affiliates agents and/or persons acting on its behalf. Fruit" "Defendant" 3. "Eastern and/or refers to Defendant Eastern Fruit Construction Inc., and, where applicable, all persons known or believed by you to be itsofficers, directors, employees, partners, corporate parent, subsidiaries, affiliates agents and/or persons acting on itsbehalf. "Morstan" 4. refers to Morstan General Agency, Inc., and, where applicable, all persons known or believed by you to be its officers, directors, employees, partners, corporate parent, subsidiarics, affiliates, agents and/or persons acting on its behalf. 1 1 of 14 FILED: KINGS COUNTY CLERK 10/28/2019 10/19/2020 10:19 11:33 AM INDEX NO. 510798/2018 NYSCEF DOC. NO. 67 126 RECEIVED NYSCEF: 10/28/2019 10/19/2020 "Andreoli" 5. refers to Richard D. Andreoli, and, where applicable, all persons known or believed by you to be his employees, agents and/or persons acting on his behalf. Solutions" 6. "Overland refers to Overland Solutions, Inc., and, where applicable, all persons known or believed by you to be its officers, directors, employees, partners, corporate parent, subsidiaries, affiliates, agents and/or persons acting on its behalf. "Policies" 7. The refers to Atlantic Casualty Policy numbers L146001424-1 and/or L146001424-2 and/or any other policy of insurance pursuant to which Atlantic Casualty insures or insured Eastern Fruit. "Audit" 8. The refers to the audit performed by Overland Solutions in connection with the Policies and/or any other audits performed in connection with the Policies. Period" 9. The "Relevant refers to the period from April 17, 2016 to May 1, 2017, inclusive. 10. Information sought by these interrogatories shall include information within the knowledge, possession, control or access, of any agent, employee, principal, attorney or investigator (including investigators of an attorney, of the plaintiff, or any person acting as the plaintiff' representative or on behalf of the plaintiff, including, but not limited to, any other independent attorney, agent or investigator). 11. Whenever appropriate, the singular form of a word shall be interpreted as plural, and the masculine gender shall be deemed to include the feminine. "and" "or" 12. As used in these interrogatories, the terms as well as shall be construed either disjunctively or conjunctively as is necessary to bring within the scope of these interrogatories any information which might otherwise be construed to be outside their scope. 2 of 14 FILED: KINGS COUNTY CLERK 10/28/2019 10/19/2020 10:19 11:33 AM INDEX NO. 510798/2018 NYSCEF DOC. NO. 67 126 RECEIVED NYSCEF: 10/28/2019 10/19/2020 "date" 13. As used in these interrogatories, the terms means the exact day, month, and year, if known, or ifnot known, the best approximation thereof. The exact date shall be given in all answers except where itis explicitly indicated that the approximate date may be given. "person" 14. As used in these interrogatories, the terms includes, without limiting the generality of its meaning, every natural person, corporate entity, partnership, association, governmental body or agency. entity" 15. As used in these interrogatories, "identification of a person or includes stating his, her, or its full name, his or her most recent home address and telephone number, his, her, or its most recent known business address and telephone number, his or her present position, his or her, or its prior connection or association with the parties to this litigation. "document" 16. As used in these interrogatories, the term includes, without limiting the of its all or copies where originals are and non- generality meaning, originals, unavailable, identical copies (whether different from originals by reason of notation made on the copies or otherwise) of all written, recorded, or graphic matter, however produced or reproduced, whether or not now in existence, of correspondence, telegrams, notes, or sound recordings of any type of conversation, meeting, or conference, minutes of meetings, memoranda, interoffice communications, studies, analysis, reports, summaries, and results of investigations and tests, reviews, contracts, agreements, working papers, tax returns, statistical records, ledgers, books of count, vouchers; bank checks, bank statements, invoices, bills, written estimates of costs, receipts, computed date, stenographers notebooks, manuals, directives, bulletins, desk calendars, appointment books, diaries, maps, charts, photographs, plats, drawings or other graphic representations, logs, investigators reports, or papers similar to any of the foregoing, however denominated. 3 3 of 14 FILED: KINGS COUNTY CLERK 10/28/2019 10/19/2020 10:19 11:33 AM INDEX NO. 510798/2018 NYSCEF DOC. NO. 67 126 RECEIVED NYSCEF: 10/28/2019 10/19/2020 document" 17. As used in these interrogatories, "identification of a includes stating (a) the nature of the document, (b) the date appearing on the document, ( c) the date on which the document was prepared, (d) the title of the document, (e) the general subject matter of the document, (f)the number of pages comprising the document, (g) the identity of each person who wrote, dictated, or otherwise participated in the preparation of the document, (h) the identity of each person who signed or initialed the document, (i) the identity of each person who received the document or reviewed it, (j)the location of the document, and (k) the identity of each person having custody of the document. Identification of a document includes identifying all documents known or believed to exist, whether or not in your custody or in the custody of your attorneys. In all interrogatories requesting the identification of documents, you are requested to state whether you will make those documents available for inspection copying by the Defendant by stating "available"; if you are unwilling or unable to produce certain documents, you are available" requested to do so by stating "not and state the reasons therefore. 18. If you at any time had possession or control of a document requested to be identified or produced, and ifthat document has been lost, destroyed, purged, or is not presently in your possession or control, you shall describe the document, the date of its loss, destruction, purge, or separation from your possession or control, and the circumstances surrounding its loss, destruction, purge, or separation from your possession or control, and, if known, you shall identify the person last known by you to have possession or control of the document. "communication" 19. As used in these interrogatories, the term means any contact, oral or written, formal or informal, at any time or place or under any circumstances whatsoever, whereby information of any nature was transmitted or transferred. 4 of 14 FILED: KINGS COUNTY CLERK 10/28/2019 10/19/2020 10:19 11:33 AM INDEX NO. 510798/2018 NYSCEF DOC. NO. 67 126 RECEIVED NYSCEF: 10/28/2019 10/19/2020 communication" 20. As used in these interrogatories, "identification of a includes stating (a) the place the communication took place, (b) the identity of each person who is present participating in, or has knowledge of the communication, (c) the type of communications, (e.g., of the· telephonic, letter, memo, telex, etc.), (d) the substance communication, and (e) the identity of each document reflecting, referring to or comprising the communication. 21. If any of the information contained in the answers to these interrogatories is not within your personal knowledge, so state. The answers to these interrogatories should identify every person, document, and communication upon which you rely for the information contained in the answer not based solely on your personal knowledge. 22. If you cannot answer any portion of any of the following interrogatories in full after exercising diligence to secure the information, so state an answer to the extent possible, specify in your inability to answer the remainder and stating whatever information or knowledge you have concerning the unanswered portions. 23. If you claim privilege for any communication or document, or any portion thereof, about which information is requested by these interrogatories, specify the privilege claim, the communication and/or answer for which that claim is made, the parties to that communication, the topic discussed in the communication, and the basis for your claim. 24. Except where expressly stated, these demands are not intended to request the disclosure of communications between any officer, director or owner of Eastern Fruit & Vegetables Inc. and any attorney and/or law firm that has appeared on behalf of Eastern Fruit & Vegetables Inc. in this lawsuit where said correspondence and/or communications were made after Eastern Fruit & Vegetables Inc. retained said attorney in connection with this lawsuit. 5 5 of 14 FILED: KINGS COUNTY CLERK 10/28/2019 10/19/2020 10:19 11:33 AM INDEX NO. 510798/2018 NYSCEF DOC. NO. 67 126 RECEIVED NYSCEF: 10/28/2019 10/19/2020 25. Except where expressly stated, these demands are not intended to request Documents prepared by any attorney and/or law firm retained by Eastern Fruit & Vegetables Inc. as part of with said attorney and/or law firm's representation of Eastern Fruit & Vegetables Inc. in this lawsuit, and where said Documents have not been shared, shown or otherwise provided to any person other than said attorney and/or law firm and/or any officer, director or owner of Eastern Fruit & Vegetables, Inc. 26. INTERROGATORIES 1. Identify all persons who provided any information or documents used to draft responses to these interrogatories. RESPONSE: 2. Identify all persons whom You believe possess knowledge of the facts relevant to the subject matter of this case, and for each such person, summarize the knowledge which You believe he or she possesses. RESPONSE: 3. Identify all fact witnesses You intend to rely upon at the time of any dispositive motion, hearing or trial of this matter. RESPONSE: 6 of 14 FILED: KINGS COUNTY CLERK 10/28/2019 10/19/2020 10:19 11:33 AM INDEX NO. 510798/2018 NYSCEF DOC. NO. 67 126 RECEIVED NYSCEF: 10/28/2019 10/19/2020 4. Identify all documents and/or other evidence You intend to introduce and/or rely upon at the time of any dispositive motion, hearing, deposition, or trial of this matter. RESPONSE: 5. Identify each address at which Eastern Fruit & Vegetables, Inc. regularly received mail from June 2, 2017 through the date this lawsuit was commenced. RESPONSE: 6. Identify all payments You made in connection with the Policy and/or the Audit. RESPONSE: 7. Identify all documents and information You provided to Overland Solutions and/or any other person in connection with the Audit. RESPONSE: 8. Set forth Eastern Fruit & Vegetables Inc.'s gross receipts for the following periods and identify all documents and/or other information relied upon you in calculating its gross receipts for each period: 7 7 of 14 FILED: KINGS COUNTY CLERK 10/28/2019 10/19/2020 10:19 11:33 AM INDEX NO. 510798/2018 NYSCEF DOC. NO. 67 126 RECEIVED NYSCEF: 10/28/2019 10/19/2020 a. April 17, 2014 to April 17, 2015; b. April 17, 2015 to April 17, 2016; c. April 17, 2016 to April 17, 2017 d. April 17, 2016 to April 17, 2017; and e. May 1, 2016 to May 1, 2017. RESPONSE: 9. Set forth when You first received copies of each of the Policies. RESPONSE: 10. Identify each communication or correspondence between You and any of the following people or entities: a. Atlantic Casualty; b. Morstan; c. Andreoli; and/or d. Overland Solutions. RESPONSE: 11. Identify each communication or correspondence, relating to and/or referencing: a. The Policy; and/or 8 of 14 FILED: KINGS COUNTY CLERK 10/28/2019 10/19/2020 10:19 11:33 AM INDEX NO. 510798/2018 NYSCEF DOC. NO. 67 126 RECEIVED NYSCEF: 10/28/2019 10/19/2020 b. The Audit. RESPONSE: 12. Set forth the basis for your affirmative defense that Atlantic Casualty is estopped from asserting this action and the rules and principals of equity. RESPONSE: business" 13. Set forth the basis for your claim that Atlantic Casualty was "doing in the State of New York. Where possible, identify each act or transaction by which you claim Atlantic Casualty did business in New York. Where you are not able to identify particular acts or transactions, provide as much detail as possible, including identifying the general nature of the acts and/or transactions and the time period(s) during which you claim those acts and/or transactions took place. RESPONSE: 14. Identify the policy referenced in paragraph 8 of the Affidavit in Opposition to Motion for Summary Judgment of Asif Jhangir, dated October 24, 2018. In doing so, set forth the name of the carrier, the policy number and the policy period. RESPONSE: 9 9 of 14 FILED: KINGS COUNTY CLERK 10/28/2019 10/19/2020 10:19 11:33 AM INDEX NO. 510798/2018 NYSCEF DOC. NO. 67 126 RECEIVED NYSCEF: 10/28/2019 10/19/2020 15. Identify each insurance agent and/or broker that assisted in procuring the policy referenced in paragraph 8 of the Affidavit in Opposition to Motion for Summary Judgment of Asif Jhangir, dated October 24, 2018. RESPONSE: 16. Identify each policy through which You claim Eastern Fruit & Vegetables, Inc. has maintained commercial general liability insurance provided by Atlantic Casualty, including, but not limited to each policy referred to by Ms. Jhangir, in paragraph 3 of the Affidavit in Opposition to Motion for Summary Judgment of Asif Jhangir, dated October 24, 2018, wherein he states that for six years, ending with the cancellation of [Eastern Fruit's] commercial general liability insurance policy on or about July 2017, the defendants maintained commercial general Casualty]." liability insurance provided by [Atlantic For each policy identified in response to this interrogatory, set forth, a. The firstnamed insured; b. The policy number; and c. The policy period. RESPONSE: Dated: White Plains, NY October 28, 2019 Keidel, Weldon & Cunningham, LLP 10 of 14 FILED: KINGS COUNTY CLERK 10/28/2019 10/19/2020 10:19 11:33 AM INDEX NO. 510798/2018 NYSCEF DOC. NO. 67 126 RECEIVED NYSCEF: 10/28/2019 10/19/2020 By: Robert Walker Lewis, Esq. Debra M. Krebs, Esq. Atlantic Casualty Insurance Company 925 Westchester Avenue, Suite 400 White Plains, NY 10604 Tel: (914) 948-7000 Fax: (914) 948-7010 To: Nathaniel J. Costa, Esq. L. Blake Morris & Associates Attorneys for Defendant Eastern Fruit & Vegetables 1214 Cortelyou Rd. Brooklyn, NY 11218-5404 11 11 of 14 FILED: KINGS COUNTY CLERK 10/28/2019 10/19/2020 10:19 11:33 AM INDEX NO. 510798/2018 NYSCEF DOC. NO. 67 126 RECEIVED NYSCEF: 10/28/2019 10/19/2020 Exhibit A 12 of 14 FILED:: IFILED KINGS KINGS COUNTY COUNTY CLERK CLERK 10/19/2020 89/28/2019 11:33 88 :59 AM AM INDEX INDEX NO. NO. 510798/2018 510798/2018 NYSCEF NYSCEF DOC. DOC. NO. NO. E2 126 RECEIVED RECEIVED NYSCEF: NYSCEF: 10/19/2020 00/28/2018 Policy L56001424-1 CarrierAtlanticCasuaÌtyInstÅanceCompanyAuditor118Üoseph Reich Policy Period 04/172116 04/17/2017 Serial# 1*200819 Insured EasternFruit& Vegetableloc Date 06:02/2017 0801 2016 Audit Period W01/2017 Policy Type:GeneralLiabi4ty ! Insured Location: 1230-1236 ConeyIslandAvenue neemoara weconowm -]coyol.ecok : Y-sg ve Audit Type: Annual ,, Audit Source: Physical Insured Phone: Logal Entity: Corporation ec Audit Location: '230-1236ConeyislandAvenue Federal fD#: Ins. Name 2: Brooklyn NY 11218 E uc f¾to cm Tax . Audit Phone: 2-2 244 - 5252 Finw.ol 5me Audit Contact: AnwarulHugue.Accountant ! . .. .. .._...___...-...... ÓESCRIPTIONOFOPERATIONS InsJredaperatesa grocerystore.Nofresnseafood,rneats.or delicatessenaresold here A varietyof food.papergoods.andfreshfruits andvegetablesaresolo Code1367:1. Locaton of bus ness 1230- 36ConeyIslandAvenue.Brooklyr. NY 11218 Therewas nocontractla:xr or casuallabor President s As|fJharge rie overseesdayto dayoscrations.Healso overseesadininistrativeandfisca matters.Heowns 100%of stock,andhe s excluded. Recordsreviewed- CHCD,GeneralLedgel,Qurstterly payrollreturris,Yearly:axreturn Gross receiptson yearlylaxreltro form it20 year2016- 3016399 Cla.m- Cfa1mantNataliaShvartsalattfiled a c aimfor an injury sustaineaor 8-24 16.Clairnantwas œt on payrollin thethird quaiter of2010 Hei namedidrut appemon formNYS45fm the quarterof 2010.TheaccountantsardthatNataliaShvarlsblatts rot anemployee.Sheis onlya custor,er. Ex : ¤terview w thArwarut fluque. accountant.Heagreedwith the numberm theworksheet ' | ADJ GROSS AMOUNT ' TITLE NAME DAYS STATE CODE DFSCRIPTIONOF DUTIES PAYROLL INCLUDED Presidert Asit Jhang|r 0 0 365 NY excl mitters Overseesdayto dayoperations.overseesad'niristrativeandf sul .. ... ........ .. .. . . . . . ..........__.... _ AU DIT SU MMARY VERil-iCATION SUMMARY C: ASSlFICATION CODE EXPOSURE Total oss Recepts 2.775.350 SALES EXPOSURE TOTAL 2,775.356 --- -- ---- ---- Eastem Fruit & VegetableInc. - NY -04/17tf6 to 04/1787 - Booklyn _......_. .sto·es Grocery. . .. ... .. . .....__........... . ... . 13673 . ......___........... . .... .. . . 77 /b,366 TOTAL 2,775,356 PatP1o15 Overland Solutions 13 of 14 FILED: [FILED: KINGS KINGS COUNTY COUNTY CLERK CLERK 10/28/2019 10/19/2020 09/25/2018 10:19 11:33 08:57 AM AMI INDEX INDEX NO. NO. 510798/2018 510798/2018 NYSCEF NYSCEF DOC. DOC. NO. NO. 67 126 12 RECEIVED RECEIVED NYSCEF: NYSCEF: 10/28/2019 10/19/2020 09/25/2018 Policy #L1460014241 CarrierAtlanticCasualtyInsuranceCornpany Auditor118- JosephReich Policy Period 04 17Ï20Ï6 0471772017 Ï Serial# 11206819 Insured EasternFruit& VegetableInc. Date 06/02/2017 Audit Period O 01/2016 001/201 TotalGross Receipts Detail Name Code ExactDuties/Nofes Gross Totalsales 13673 GroceryStore 2775356 AsifJhangir ..... ........ exd ................. overseesadrninistrative Overseesdayto day operations. andfiscalrnatters a Total Gross Receipts Figures Code Name May 2016 June 2016July 2016 Aug 2016 Sep 2016 Oct 2016 Nov 2016 Dec 2016 Jan 2017 Feb 2017 Mas 2017 EasternFruit& Vegetableinc. - NY-Brooklyn 13673 Totalsales 122900 244122 273730 211863 240269 204692 232377 218686 206775 241607 218857 247129 excl AsifJhangir O 0 O 0 0 0 0 0 0 0 0 0 SUBTOTAL 122900 244122 273730 211863 240269 204692 232377 218686 206775 241607 218857 247129 t22900 244122 273730 211863 240269 204692 232377 218686 206775 241607 218857 247129 Total Gross Receipts Figures Code Narne 2017 13673 Totalsales 112349 2775356 0 0 SUBTOTAL 112349 2775356 GRANDTOTAL 112349 2775356 Total Gross Receipts Verification 17to 4Ò0-16 May 2016 June 2016 July 2016 Aug 2016 Sep 2016 Oct 2016 Nov 2016 Dec 2016 Jan 2017 122900 244122 273730 211863 240269 204692 232377 218686 200775 241607 Feb 2017 Mar 2017 Apr1-17,2017 TOTAL 218857 247129 112349 2775356 TotalGross Receipts Recap forEastern Fruit& VGgGiah:6 Inc.- NY - 04/17/16to 04/17/17 - Brooklyn Recap TOTAL 13673 Excluded Lessexd PrincipalMin/Max/Flat 0 TOTAL 2775356 2775356 0 awsu wanEuccommm Page2of 5 Overland Solutions 14 of 14