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FILED: KINGS COUNTY CLERK 10/28/2019
10/19/2020 10:19
11:33 AM INDEX NO. 510798/2018
NYSCEF DOC. NO. 66
127 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. NOTICE FOR DISCOVERY &
INSPECTION TO EASTERN
EASTERN FRUIT & VEGETABLES INC. FRUIT & VEGETABLES
Defendant.
PLEASE TAKE NOTICE that pursuant to CPLR 3101 et seq. and CPLR 3120, Plaintiff
Atlantic Casualty Insurance Company ("Atlantic Casualty"), demands that the Defcñdañt,
Eastern Fruit & Vegetables ("Eastern Fruit"), provide the documents specified in the Document
Demands below, in accordance with the defininens and geñcral instructions set forth therein, for
inspection and copying at the offices of Keidel, Weldon & C-±‡:=, LLP, 925 Westchester
Avenue, Suite 400, White Plains, New York 10604, within twenty (20) days of the date of this
notice, or such other time as may be srsily agreeable to counsel.
PLEASE TAKE FURTHER NOTICE that so long as the original documents are
preserved for production, in lieu of producing the items demanded herein, the parties may submit
to the üñdersigned true and copies of the items (both sides where there are two sides of writing
on such documents) demanded herein.
DEFINITIONS AND GENERAL INSTRUCTIONS
"discussing," "reflecting," "concerning," pertaiñiñg,"
A. Each of the words
"relating," "involving," "evidencing," "referriñg," includa camman
or shall be defined to the
of those terms and shall includa direct as well as indirect references to the subject
meaning
matter set forth in this document request.
"And," "or" "and/or"
B. or shall be read both in the conjunenve and the disjunctive.
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C. If any document request calls for the production of documents which the Eastern
Fruit claims are privileged or otherwise protected from disclosure, either conditionally or
absolutely, please set forth with particularity the basis for each claim. If any attorney-client
privilege, work product rule, or any other privilege or protective rule is asserted with respect to
any document, please identify the subject matter of each such document, each individual person
who authorized or received each such document, each other person, ifany, who was present at
the time each such document was prepared, sent or received and who was or is familiar with the
contents of each such document, and whether any matter that is not privileged or otherwise
protected from disclosure is discussed or mentioned in the document.
D. Please note that this document request includes such documents with the custody,
possession and control of the Eastern Fruit and its agents, including, but not limited to, insurance
consultant(s) and related insurance companies.
"Document" "Documentation"
E. or means the original and all non-identical copies
of any written, printed, typed, photocopied, photographic, numerical, electronic, digital, data,
metadata or graphic matter of any kind or character, however produced or reproduced, however
stored or maintained, whether sent or received or neither, and any and all drafts, including, but
not limited to, any and all emails, digital files, electronic files, memoranda, reports, notes,
jottings, correspondence, transcripts, letters, envelopes, diaries, telegrams, cables, telecopies,
telefaxes, telexes, telex files, teletypes, marginal notations, statements, summaries, opinions, fact
sheets, estimates, contracts, records, receipts, authorizations, investigations, circulars, bulletins,
bills, invoices, checks, check stubs, messages, telephone messages, policies, insurance policies,
agreements, records, or photographs, and any other form of recorded information, however
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produced or reproduced, including magnetic tapes, digital data, computerized data, film, video
and tape recordings and the like.
"Communications" "Correspondence"
F. and means any and all of the following and
refers to the use of any digital, electronic and/or computerized means of communication and
includes writings, oral communications, conversations by telephone, emails, text, twitter,
meetings, and any contact, or written, formal or informal, at any time or place, and under any
circumstances whatsoever in which information of any nature was transmitted or exchanged in
any form.
"You" "Your"
G. and refers to the party responding to this demand, and any person
acting on itsbehalf, including, but not limited to itsattorneys.
Casualty"
H. "Atlantic refers to Plaintiff Atlantic Casualty Insurance Company, 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 itsbehalf.
Fruit" "Defendant"
I. "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"
J. 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, subsidiaries, affiliates, agents and/or persons acting on its behalf.
"Andreoli"
K. 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.
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Solutions"
L. "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"
M. 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"
N. 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"
O. The "Relevant refers to the period from April 17, 2016 to May 1, 2017,
inclusive.
P. Each and every request for a document to be produced requires production of the
document, in its entirety, with all exhibits, attachments and schedules.
Q. More than one paragraph of this request may ask for the same document. The
presence of such duplication is not to be interpreted to narrow or limit the normal interpretation
placed upon each request. Where writing is requested in more than one numbered paragraph,
only one copy of itneed be produced. However, any document which varies in any way so that
itis not identical to one produced is to be considered a separate document and must be produced.
R. Words in the singular include the plural, and words in the plural include the
"Each" "any"
singular. and are both singular and plural.
S. Words in the past tense include the present, and words in the present tense include
the past.
T. As to each document produced, identify the person and department in whose file
the document was found.
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U. To the extent these documents have previously been provided in the course of this
litigation, please identify the title and date of the response in which the documents were
provided.
"Identify"
V. means the following:
1. As to a natural person: full name; complete business address; complete
residence address; home and work telephone numbers; position in which
employed and all duties and responsibilities; or, if there is no present
employer or the present employer is not known, provide all such
information for the lastknown employer;
2. As to other persons: full name, type of entity; complete address of its
principal place of business; telephone number; and relationship to
yourself;
3. As to an insurance policy: issuing insurance company; type of policy;
policy number; and effective date of coverage;
4. As to other documents: type of document (e.g., letter, memorandum,
contact); date authored or originated; identity of author or originator;
identity of addressees and any other actual or intended recipients; brief
description of subject matter; present location; and identity of any person
known or reasonably believed by You to have present possession, custody
or control of it;
5. As to a meeting, communication, act or event: full name(s) of person or
persons involved; date, location and circumstance of such meeting,
communication, act or event; and documents referring or relating thereto.
W. When information or documents are requested, such request includes all
information or documents in the possession, custody, control or knowledge of Your
representatives, agents, servants or attorneys.
X. If any item of this Notice for Discovery and Inspection calls for identification of a
document that has been destroyed, discarded, misplaced or is no longer in Your possession,
custody or control, such document shall be identified further by describing:
1. the nature of the document;
2. the person or persons to whom such document was addressed or intended,
including any indicated or blind copies;
3. the identity of the authors of such document; the subject matter of such
document, as well as the number of pages and all appendices or
attachments thereto;
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4. the identity of the person most knowledgeable as to the subject matter of
the document, as well as the identity of all other persons with knowledge
of the subject matter of the document;
5. the date and manner of destruction or discard of such document; and
6. the reason, if any, for the destruction or discard of such document and the
identity of the person or persons who authorized and who carried out such
destruction or discard.
Y. If You interpose an objection as to any of these items included in this notice for
discovery and inspection, the nature of the objection should be set forth and explained fully.
Insofar as any portion of any of the notice for discovery and inspection to which and objection is
interposed is not objectionable, that portion should be answered fully.
Z. If You contend that it would be unreasonably burdensome to obtain and provide
all information called for in response to any request or subpart thereof, then as to that request or
subpart:
1. Set forth all information that is available without unreasonable burden;
and
2. Describe with particularly the efforts made to secure any information the
provision of which You claim would be an unreasonable burden.
AA. This is a continuing request for the production of documents, and if additional
responsive documents are received or discovered after the document production scheduled
herein, all such responsive documents should be (a) produced as they are received or discovered,
or (b) accumulated over brief periods not to exceed one month and then promptly and fully
produced in a supplemental document production at the end of each such period.
BB. Except where expressly stated, these demands are not intended to request
Correspondence and/or 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.
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CC. 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.
DOCUMENT DEMANDS
1. All Documents that You claim support any claim or defense asserted by You in
this lawsuit.
2. All Documents that You intend to rely upon in connection with any hearing, trial
and/or dispositive motion in this lawsuit.
3. All Documents identified by You in response to any interrogatories served upon
You in this action.
4. All Documents You relied upon to respond to any interrogatories served on You
in this action.
5. All Documents received by You in connection with any subpoena and/or freedom
of information request made in connection with this action.
6. Your complete filewith respect to the Policies.
7. All Documents in Your possession relating to the Policies.
8. Your complete filewith respect to the Audit.
9. All Documents in Your possession relating to the Audit.
10. All Documents provided by You to Overland Solutions and/or any other person or
entity in connection with the Audit.
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11. Those Documents evidencing any Correspondence or Communications, including
the correspondence and/or communications themselves, between You and any of the following
people or entities:
a. Atlantic Casualty
b. Morstan
c. Andreoli
d. Overland Solutions
12. Those Documents evidencing any correspondence or communications, including
the Correspondence and/or Communications themselves, relating to and/or referencing:
a. The Policies
b. The Audit
13. All bills,invoices and/or other documents requesting payment, which You
received in connection with the Policies and/or the Audit.
14. All Documents evidencing any payment by You for premiums owed in
connection with the Policies and/or the Audit.
15. Copies of all tax returns filed by or on behalf of Eastern Fruit & Vegetables, Inc.
for tax years 2014, 2015, 2016 and 2017.
16. All Documents evidencing Eastern Fruit & Vegetables, Inc.'s gross receipts
during the period from April 17, 2014 to October 3, 2017.
17. All Documents that You claim support Your affirmative defense that Atlantic
Casualty lacks capacity to commence or maintain this action.
18. All Documents that You claim support Your affirmative defense that Atlantic
equity."
Casualty is "estopped from asserting this action under the rules and principals of
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19. All Documents which You claim evidence that any of the information contained
in the worksheet annexed hereto as Exhibit A is inaccurate or incomplete and/or was inaccurate
and/or incomplete as the date of said worksheet.
20. All Documents that You claim support the calculation of any damages You seek
to recover in connection with Your counterclaim.
21. All Documents that You claim evidence Your "reasonable attorneys fees in
action."
defending this
22. Instructions BB and CC do not apply to this demand: All retainer agreements,
legal bills, invoices for legal services and/or documents evidencing payments by You for legal
services in connection with the defense of this lawsuit.
23. All Documents You claim evidence that Atlantic Casualty is or was "doing
business"
in the State of New York as that term is used in New York Business Corporations Law
§ 1312(a).
24. Instructions BB and CC do not apply to this demand: Copies and/or printouts
"www.atlanticcasualtyinsurance.com/about"
of the website referenced in paragraph 20 of the
Affirmation in Support of Omnibus Cross Motion and in Opposition to Plaintiff's Motion, dated
October 24, 2018.
25. Instructions BB and CC do not apply to this demand: All Documents
"www.atlanticcasualtyinsurance.com/about"
evidencing and/or demonstrating the website
referenced in paragraph 20 of the Affirmation in Support of Omnibus Cross Motion and in
Opposition to Plaintiff's Motion, dated October 24, 2018.
26. Instructions BB and CC do not apply to this demand: Copies and/or printouts
"www.atlanticcasualtyinsurance.com/products"
of the website referenced in paragraph 20 of the
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Affirmation in Support of Omnibus Cross Motion and in Opposition to Plaintiff's Motion, dated
October 24, 2018.
27. Instructions BB and CC do not apply to this demand: All Documents
"www.atlanticcasualtyinsurance.com/products"
evidencing and/or demonstrating the website
referenced in paragraph 20 of the Affirmation in Support of Omnibus Cross Motion and in
Opposition to Plaintiff's Motion, dated October 24, 2018.
28. The policy, including all declarations, forms and endorsements, referenced in
paragraph 8 of the Affidavit in Opposition to Motion for Summary Judgment of Asif Jhangir,
dated October 24, 2018.
29. All applications, quotes and binders submitted, provided and/or received in
connection with the policy, referenced in paragraph 8 of the Affidavit in Opposition to Motion
for Summary Judgment of Asif Jhangir, dated October 24, 2018.
30. Documents evidencing that "for six years, ending with the cancellation of
[Eastern Fruit's] commercial general liability insurance policy on or about July 2017, the
Casualty],"
defendants maintained commercial general liability insurance provided by [Atlantic
as alleged in paragraph 3 of the Affidavit in Opposition to Motion for Summary Judgment of
Asif Jhangir, dated October 24, 2018. This demand specifically includes, but is not limited all
policies and/or policy documents, all quotations, all binders, all bills or invoices relating to any
policy the referenced in this paragraph and/or through which You claim Eastern Fruit maintained
commercial general liability insurance provided by Atlantic Casualty during this period.
Dated: White Plains, NY
October 28, 2019
e Weldon & Cunnin am, LLP
.
By:
Robert Walker Lewis, Esq.
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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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NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 127
EB 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 Fininwl 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 formNYS45frn 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 Overseesdayto dayoperations.overseesewrniristrativeandf scril mitters
.. ...
........
.. .. . . . . . ..........__.... _
AUDIT SUMMARY VERIFICATION 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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12 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 10/28/2019
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09/25/2018
Policy #L1460014241 CarrierAtlanticCasualtyInsuranceCornpany
Auditor118- JosephReich Policy Period
04 17Ï20Ï6 0471772017 Ï
Serial# 11206819 Insured EasternFruit& VegetableInc. Dat
Preview
FILED: KINGS COUNTY CLERK 10/28/2019 10/19/2020 10:19 11:33 AM INDEX NO. 510798/2018 NYSCEF DOC. NO. 66 127 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. NOTICE FOR DISCOVERY & INSPECTION TO EASTERN EASTERN FRUIT & VEGETABLES INC. FRUIT & VEGETABLES Defendant. PLEASE TAKE NOTICE that pursuant to CPLR 3101 et seq. and CPLR 3120, Plaintiff Atlantic Casualty Insurance Company ("Atlantic Casualty"), demands that the Defcñdañt, Eastern Fruit & Vegetables ("Eastern Fruit"), provide the documents specified in the Document Demands below, in accordance with the defininens and geñcral instructions set forth therein, for inspection and copying at the offices of Keidel, Weldon & C-±‡:=, LLP, 925 Westchester Avenue, Suite 400, White Plains, New York 10604, within twenty (20) days of the date of this notice, or such other time as may be srsily agreeable to counsel. PLEASE TAKE FURTHER NOTICE that so long as the original documents are preserved for production, in lieu of producing the items demanded herein, the parties may submit to the üñdersigned true and copies of the items (both sides where there are two sides of writing on such documents) demanded herein. DEFINITIONS AND GENERAL INSTRUCTIONS "discussing," "reflecting," "concerning," pertaiñiñg," A. Each of the words "relating," "involving," "evidencing," "referriñg," includa camman or shall be defined to the of those terms and shall includa direct as well as indirect references to the subject meaning matter set forth in this document request. "And," "or" "and/or" B. or shall be read both in the conjunenve and the disjunctive. 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. 66 127 RECEIVED NYSCEF: 10/28/2019 10/19/2020 C. If any document request calls for the production of documents which the Eastern Fruit claims are privileged or otherwise protected from disclosure, either conditionally or absolutely, please set forth with particularity the basis for each claim. If any attorney-client privilege, work product rule, or any other privilege or protective rule is asserted with respect to any document, please identify the subject matter of each such document, each individual person who authorized or received each such document, each other person, ifany, who was present at the time each such document was prepared, sent or received and who was or is familiar with the contents of each such document, and whether any matter that is not privileged or otherwise protected from disclosure is discussed or mentioned in the document. D. Please note that this document request includes such documents with the custody, possession and control of the Eastern Fruit and its agents, including, but not limited to, insurance consultant(s) and related insurance companies. "Document" "Documentation" E. or means the original and all non-identical copies of any written, printed, typed, photocopied, photographic, numerical, electronic, digital, data, metadata or graphic matter of any kind or character, however produced or reproduced, however stored or maintained, whether sent or received or neither, and any and all drafts, including, but not limited to, any and all emails, digital files, electronic files, memoranda, reports, notes, jottings, correspondence, transcripts, letters, envelopes, diaries, telegrams, cables, telecopies, telefaxes, telexes, telex files, teletypes, marginal notations, statements, summaries, opinions, fact sheets, estimates, contracts, records, receipts, authorizations, investigations, circulars, bulletins, bills, invoices, checks, check stubs, messages, telephone messages, policies, insurance policies, agreements, records, or photographs, and any other form of recorded information, however 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. 66 127 RECEIVED NYSCEF: 10/28/2019 10/19/2020 produced or reproduced, including magnetic tapes, digital data, computerized data, film, video and tape recordings and the like. "Communications" "Correspondence" F. and means any and all of the following and refers to the use of any digital, electronic and/or computerized means of communication and includes writings, oral communications, conversations by telephone, emails, text, twitter, meetings, and any contact, or written, formal or informal, at any time or place, and under any circumstances whatsoever in which information of any nature was transmitted or exchanged in any form. "You" "Your" G. and refers to the party responding to this demand, and any person acting on itsbehalf, including, but not limited to itsattorneys. Casualty" H. "Atlantic refers to Plaintiff Atlantic Casualty Insurance Company, 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 itsbehalf. Fruit" "Defendant" I. "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" J. 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, subsidiaries, affiliates, agents and/or persons acting on its behalf. "Andreoli" K. 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. 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. 66 127 RECEIVED NYSCEF: 10/28/2019 10/19/2020 Solutions" L. "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" M. 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" N. 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" O. The "Relevant refers to the period from April 17, 2016 to May 1, 2017, inclusive. P. Each and every request for a document to be produced requires production of the document, in its entirety, with all exhibits, attachments and schedules. Q. More than one paragraph of this request may ask for the same document. The presence of such duplication is not to be interpreted to narrow or limit the normal interpretation placed upon each request. Where writing is requested in more than one numbered paragraph, only one copy of itneed be produced. However, any document which varies in any way so that itis not identical to one produced is to be considered a separate document and must be produced. R. Words in the singular include the plural, and words in the plural include the "Each" "any" singular. and are both singular and plural. S. Words in the past tense include the present, and words in the present tense include the past. T. As to each document produced, identify the person and department in whose file the document was found. 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. 66 127 RECEIVED NYSCEF: 10/28/2019 10/19/2020 U. To the extent these documents have previously been provided in the course of this litigation, please identify the title and date of the response in which the documents were provided. "Identify" V. means the following: 1. As to a natural person: full name; complete business address; complete residence address; home and work telephone numbers; position in which employed and all duties and responsibilities; or, if there is no present employer or the present employer is not known, provide all such information for the lastknown employer; 2. As to other persons: full name, type of entity; complete address of its principal place of business; telephone number; and relationship to yourself; 3. As to an insurance policy: issuing insurance company; type of policy; policy number; and effective date of coverage; 4. As to other documents: type of document (e.g., letter, memorandum, contact); date authored or originated; identity of author or originator; identity of addressees and any other actual or intended recipients; brief description of subject matter; present location; and identity of any person known or reasonably believed by You to have present possession, custody or control of it; 5. As to a meeting, communication, act or event: full name(s) of person or persons involved; date, location and circumstance of such meeting, communication, act or event; and documents referring or relating thereto. W. When information or documents are requested, such request includes all information or documents in the possession, custody, control or knowledge of Your representatives, agents, servants or attorneys. X. If any item of this Notice for Discovery and Inspection calls for identification of a document that has been destroyed, discarded, misplaced or is no longer in Your possession, custody or control, such document shall be identified further by describing: 1. the nature of the document; 2. the person or persons to whom such document was addressed or intended, including any indicated or blind copies; 3. the identity of the authors of such document; the subject matter of such document, as well as the number of pages and all appendices or attachments thereto; 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. 66 127 RECEIVED NYSCEF: 10/28/2019 10/19/2020 4. the identity of the person most knowledgeable as to the subject matter of the document, as well as the identity of all other persons with knowledge of the subject matter of the document; 5. the date and manner of destruction or discard of such document; and 6. the reason, if any, for the destruction or discard of such document and the identity of the person or persons who authorized and who carried out such destruction or discard. Y. If You interpose an objection as to any of these items included in this notice for discovery and inspection, the nature of the objection should be set forth and explained fully. Insofar as any portion of any of the notice for discovery and inspection to which and objection is interposed is not objectionable, that portion should be answered fully. Z. If You contend that it would be unreasonably burdensome to obtain and provide all information called for in response to any request or subpart thereof, then as to that request or subpart: 1. Set forth all information that is available without unreasonable burden; and 2. Describe with particularly the efforts made to secure any information the provision of which You claim would be an unreasonable burden. AA. This is a continuing request for the production of documents, and if additional responsive documents are received or discovered after the document production scheduled herein, all such responsive documents should be (a) produced as they are received or discovered, or (b) accumulated over brief periods not to exceed one month and then promptly and fully produced in a supplemental document production at the end of each such period. BB. Except where expressly stated, these demands are not intended to request Correspondence and/or 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. 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. 66 127 RECEIVED NYSCEF: 10/28/2019 10/19/2020 CC. 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. DOCUMENT DEMANDS 1. All Documents that You claim support any claim or defense asserted by You in this lawsuit. 2. All Documents that You intend to rely upon in connection with any hearing, trial and/or dispositive motion in this lawsuit. 3. All Documents identified by You in response to any interrogatories served upon You in this action. 4. All Documents You relied upon to respond to any interrogatories served on You in this action. 5. All Documents received by You in connection with any subpoena and/or freedom of information request made in connection with this action. 6. Your complete filewith respect to the Policies. 7. All Documents in Your possession relating to the Policies. 8. Your complete filewith respect to the Audit. 9. All Documents in Your possession relating to the Audit. 10. All Documents provided by You to Overland Solutions and/or any other person or entity in connection with the Audit. 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. 66 127 RECEIVED NYSCEF: 10/28/2019 10/19/2020 11. Those Documents evidencing any Correspondence or Communications, including the correspondence and/or communications themselves, between You and any of the following people or entities: a. Atlantic Casualty b. Morstan c. Andreoli d. Overland Solutions 12. Those Documents evidencing any correspondence or communications, including the Correspondence and/or Communications themselves, relating to and/or referencing: a. The Policies b. The Audit 13. All bills,invoices and/or other documents requesting payment, which You received in connection with the Policies and/or the Audit. 14. All Documents evidencing any payment by You for premiums owed in connection with the Policies and/or the Audit. 15. Copies of all tax returns filed by or on behalf of Eastern Fruit & Vegetables, Inc. for tax years 2014, 2015, 2016 and 2017. 16. All Documents evidencing Eastern Fruit & Vegetables, Inc.'s gross receipts during the period from April 17, 2014 to October 3, 2017. 17. All Documents that You claim support Your affirmative defense that Atlantic Casualty lacks capacity to commence or maintain this action. 18. All Documents that You claim support Your affirmative defense that Atlantic equity." Casualty is "estopped from asserting this action under the rules and principals of 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. 66 127 RECEIVED NYSCEF: 10/28/2019 10/19/2020 19. All Documents which You claim evidence that any of the information contained in the worksheet annexed hereto as Exhibit A is inaccurate or incomplete and/or was inaccurate and/or incomplete as the date of said worksheet. 20. All Documents that You claim support the calculation of any damages You seek to recover in connection with Your counterclaim. 21. All Documents that You claim evidence Your "reasonable attorneys fees in action." defending this 22. Instructions BB and CC do not apply to this demand: All retainer agreements, legal bills, invoices for legal services and/or documents evidencing payments by You for legal services in connection with the defense of this lawsuit. 23. All Documents You claim evidence that Atlantic Casualty is or was "doing business" in the State of New York as that term is used in New York Business Corporations Law § 1312(a). 24. Instructions BB and CC do not apply to this demand: Copies and/or printouts "www.atlanticcasualtyinsurance.com/about" of the website referenced in paragraph 20 of the Affirmation in Support of Omnibus Cross Motion and in Opposition to Plaintiff's Motion, dated October 24, 2018. 25. Instructions BB and CC do not apply to this demand: All Documents "www.atlanticcasualtyinsurance.com/about" evidencing and/or demonstrating the website referenced in paragraph 20 of the Affirmation in Support of Omnibus Cross Motion and in Opposition to Plaintiff's Motion, dated October 24, 2018. 26. Instructions BB and CC do not apply to this demand: Copies and/or printouts "www.atlanticcasualtyinsurance.com/products" of the website referenced in paragraph 20 of the 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. 66 127 RECEIVED NYSCEF: 10/28/2019 10/19/2020 Affirmation in Support of Omnibus Cross Motion and in Opposition to Plaintiff's Motion, dated October 24, 2018. 27. Instructions BB and CC do not apply to this demand: All Documents "www.atlanticcasualtyinsurance.com/products" evidencing and/or demonstrating the website referenced in paragraph 20 of the Affirmation in Support of Omnibus Cross Motion and in Opposition to Plaintiff's Motion, dated October 24, 2018. 28. The policy, including all declarations, forms and endorsements, referenced in paragraph 8 of the Affidavit in Opposition to Motion for Summary Judgment of Asif Jhangir, dated October 24, 2018. 29. All applications, quotes and binders submitted, provided and/or received in connection with the policy, referenced in paragraph 8 of the Affidavit in Opposition to Motion for Summary Judgment of Asif Jhangir, dated October 24, 2018. 30. Documents evidencing that "for six years, ending with the cancellation of [Eastern Fruit's] commercial general liability insurance policy on or about July 2017, the Casualty]," defendants maintained commercial general liability insurance provided by [Atlantic as alleged in paragraph 3 of the Affidavit in Opposition to Motion for Summary Judgment of Asif Jhangir, dated October 24, 2018. This demand specifically includes, but is not limited all policies and/or policy documents, all quotations, all binders, all bills or invoices relating to any policy the referenced in this paragraph and/or through which You claim Eastern Fruit maintained commercial general liability insurance provided by Atlantic Casualty during this period. Dated: White Plains, NY October 28, 2019 e Weldon & Cunnin am, LLP . By: Robert Walker Lewis, Esq. 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. 66 127 RECEIVED NYSCEF: 10/28/2019 10/19/2020 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. 66 127 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 AN| INDEX INDEX NO. NO. 510798/2018 510798/2018 NYSCEF NYSCEF DOC. DOC. NO. NO. 127 EB 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 Fininwl 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 formNYS45frn 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 Overseesdayto dayoperations.overseesewrniristrativeandf scril mitters .. ... ........ .. .. . . . . . ..........__.... _ AUDIT SUMMARY VERIFICATION 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. 66 127 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. Dat