Preview
FILED: KINGS COUNTY CLERK 10/19/2020 11:33 AM INDEX NO. 510798/2018
NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 10/19/2020
From: Debra Krebs
To: Blake@lblakemorris.com; info@lblakemorris.com
Subject: Atlantic Casualty v. Eastern Fruit & Vegetables - AMENDED NOTI CE TO ADMI T
Date: Wednesday, April 15, 2020 2:17:00 PM
Attachments: Amended Notice to Admit.pdf
Blake,
I was going to follow up with you since the response to our Notice to Admit was due last week.
Upon doing so, I noticed there were a few minor errors in the previously served Notice to Admit. As
a result, we have amended the Notice to Admit. The Amended Notice is attached. It is our
understanding that Defendant’s response is now due Tuesday, May 5, 2020.
I would ordinarily file a copy of this on the docket, which would constitute service. However, due to
the Administrative Order precluding such filings, I am serving a copy of you by email at the
address(es) listed on the court docket, which I presume you will accept as sufficient service. As
noted above, Defendant’s response is due within twenty days. If you have issues relating to the
Pandemic which preclude you from responding within the twenty-day period, please let me know as
soon as possible.
Thank you for your attention to this matter.
Debbie
Debra M. Krebs, Esq.
Keidel, Weldon & Cunningham, LLP
925 Westchester Avenue
Suite 400
White Plains, NY 10604
Tel: (914) 948-7000
(201) 490-7706
Fax: (914) 948-7010
dkrebs@kwcllp.com
Confidentiality: The information contained in this e-mail message is intended only for the
use of the individual or entity named above and is privileged and confidential. Any
dissemination, distribution, or copy of this communication other than to the individual or
entity named above is strictly prohibited. If you have received this communication in error,
please notify us immediately by telephone.
FILED: KINGS COUNTY CLERK 10/19/2020 11:33 AM INDEX NO. 510798/2018
NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 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
v. AMENDED FIRST NOTICE TO
ADMIT TO EASTERN FRUIT &
EASTERN FRUIT & VEGETABLES INC. VEGETABLES
Defendant.
PLEASE TAKE NOTICE that pursuant to CPLR 3123, Atlantic Casualty Insurance
Company, by its attorneys, Keidel, Weldon & Cunningham, LLP., hereby requests that
Defendant Eastern Fruit & Vegetables (“Eastern Fruit”) admit or deny the allegations contained
herein.
DEFINITIONS AND INSTRUCTIONS
1. "You" and "your" refers to the party responding to this notice.
2. “Atlantic Casualty” refers to Plaintiff Atlantic Casualty Insurance Company.
3. “Eastern Fruit” and/or “Defendant” refers to Defendant Eastern Fruit
Construction Inc.
4. “Overland Solutions” 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.
5. The “2016 Policy” refers to Policy number L146001424-1 issued to Eastern Fruit.
6. The “2017 Policy” refers to Policy number L146001424-2 issued to Eastern Fruit.
7. The “Policies” refers collectively to the “2016 Policy” and the “2017 Policy.”
8. The “Audit” refers to the audit performed by Overland Solutions.
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FILED: KINGS COUNTY CLERK 10/19/2020 11:33 AM INDEX NO. 510798/2018
NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 10/19/2020
ADMISSIONS
1. Attached as Exhibit A is a true and accurate copy of the 2016 Policy.
2. The 2016 Policy was in effect for the full policy period.
3. Eastern Fruit received a copy of the 2016 Policy prior to April 17, 2017.
4. Attached as Exhibit B is a true and accurate copy of the 2017 Policy.
5. The 2017 Policy was in effect from April 17, 2017 to October 3, 2017.
6. Eastern Fruit received a copy of the 2017 Policy prior to July 1, 2017.
7. Eastern Fruit received a copy of the 2017 Policy prior to October 3, 2017.
8. Attached as Exhibit C is a true and accurate copy of the application submitted by
or on behalf of Eastern Fruit in connection with the 2016 Policy.
9. The application attached as Exhibit C was signed on or about April 18, 2016.
10. The application attached as Exhibit C was signed by someone authorized to do so
on behalf of Eastern Fruit.
11. Attached as Exhibit D is a true and accurate copy of the application submitted by
or on behalf of Eastern Fruit in connection with the 2017 Policy.
12. The application attached as Exhibit D was signed on or about April 17, 2017.
13. The application attached as Exhibit D was signed by someone authorized to do so
on behalf of Eastern Fruit.
14. In or around June 2017 Eastern Fruit or its accountant provided information to
Overland Solutions in connection with an audit of Eastern Fruit’s insurance policy premiums.
15. In or around June 2017 Eastern Fruit or its accountant made documents available
for review by Overland Solutions in connection with an audit of Eastern Fruit’s insurance policy
premiums.
FILED: KINGS COUNTY CLERK 10/19/2020 11:33 AM INDEX NO. 510798/2018
NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 10/19/2020
16. In or around June 2017 Eastern Fruit or its accountant made documents available
for review by Joseph Reich in connection with an audit of Eastern Fruit’s insurance policy
premiums.
17. In connection with the audit, Eastern Fruit or its accountant provided information
to Overland Solutions with respect to Eastern Fruit’s gross earnings, including documents
showing Eastern Fruit’s gross earnings during the period from May 1, 2016 to May 1, 2017.
18. In connection with the audit, Eastern Fruit or its accountant made available to
Overland Solutions documents relating to Eastern Fruit’s gross earnings, including documents
showing Eastern Fruit’s gross earnings during the period from May 1, 2016 to May 1, 2017.
19. In connection with the audit, Eastern Fruit or its accountant provided information
to Joseph Reich with respect to Eastern Fruit’s gross earnings, including documents showing
Eastern Fruit’s gross earnings during the period from May 1, 2016 to May 1, 2017.
20. In connection with the audit, Eastern Fruit or its accountant made available to
Joseph Reich documents relating to Eastern Fruit’s gross earnings, including documents showing
Eastern Fruit’s gross earnings during the period from May 1, 2016 to May 1, 2017.
21. In connection with the audit, Eastern fruit or its accountant provided Overland
Solutions with a copy of its cash book, which included information covering the period from
May 1, 2016 to May 1, 2017 (regardless of whether other dates were also included in such cash
book).
22. In connection with the audit, Eastern Fruit or its accountant provided Joseph
Reich with a copy of its cash book, which included information covering the period from
May 1, 2016 to May 1, 2017 (regardless of whether other dates were also included in such cash
book).
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FILED: KINGS COUNTY CLERK 10/19/2020 11:33 AM INDEX NO. 510798/2018
NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 10/19/2020
23. In connection with the audit, Eastern Fruit or its accountant provided Overland
Solutions with a copy of its general ledger, which included information covering the period from
May 1, 2016 to May 1, 2017 (regardless of whether other dates were also included in such
general ledger).
24. In connection with the audit, Eastern Fruit or its accountant provided Joseph
Reich with a copy of its general ledger, which included information covering the period from
May 1, 2016 to May 1, 2017 (regardless of whether other dates were also included in such
general ledger).
25. In connection with the audit, Eastern Fruit or its accountant provided Overland
Solutions with tax returns (or copies of tax returns), which included information covering the
period from May 1, 2016 to May 1, 2017 (regardless of whether other dates were also included
in such returns).
26. In connection with the audit, Eastern Fruit or its accountant provided Joseph
Reich with tax returns (or copies of tax returns), which included information covering the period
from May 1, 2016 to May 1, 2017 (regardless of whether other dates were also included in such
returns).
27. Eastern Fruit’s gross earnings for the period from April 17, 2016 to
April 17, 2017 was approximately $2,775,356.
28. Eastern Fruit’s gross earnings for the period from April 17, 2016 to
April 17, 2017 exceeded $2,700,000.
29. Eastern Fruit’s gross receipts for the period from April 17, 2016 to April 17, 2017
was approximately $2,775,356.
30. Eastern Fruit’s gross receipts for the period from April 17, 2016 to April 17, 2017
exceeded $2,700,000.
FILED: KINGS COUNTY CLERK 10/19/2020 11:33 AM INDEX NO. 510798/2018
NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 10/19/2020
31. Eastern Fruit’s sales during the period from April 17, 2016 to April 30, 2016
totaled approximately $122,900.
32. Eastern Fruit’s sales during the period from April 17, 2016 to April 30, 2016
exceeded $122,000.
33. Eastern Fruit’s sales during the month of May 2016 totaled approximately
$244,122.
34. Eastern Fruit’s sales during the period from May 2016 exceeded $244,000.
35. Eastern Fruit’s sales during the month of June 2016 totaled approximately
$273,730.
36. Eastern Fruit’s sales during the period from June 2016 exceeded $273,000.
37. Eastern Fruit’s sales during the month of July 2016 totaled approximately
$211,863.
38. Eastern Fruit’s sales during the period from July 2016 exceeded $211,000.
39. Eastern Fruit’s sales during the month of August 2016 totaled approximately
$240,269.
40. Eastern Fruit’s sales during the period from August 2016 exceeded $240,000.
41. Eastern Fruit’s sales during the month of September 2016 totaled approximately
$204,692.
42. Eastern Fruit’s sales during the period from September 2016 exceeded $204,000.
43. Eastern Fruit’s sales during the month of October 2016 totaled approximately
$232,377.
44. Eastern Fruit’s sales during the month of October 2016 exceeded $232,000.
45. Eastern Fruit’s sales during the month of November 2016 totaled approximately
$218,686.
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FILED: KINGS COUNTY CLERK 10/19/2020 11:33 AM INDEX NO. 510798/2018
NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 10/19/2020
46. Eastern Fruit’s sales during the month of November 2016 exceeded $218,000.
47. Eastern Fruit’s sales during the month of December 2016 totaled approximately
$206,775.
48. Eastern Fruit’s sales during the month of December 2016 exceeded $206,000.
49. Eastern Fruit’s sales during the month of January 2017 totaled approximately
$241,607.
50. Eastern Fruit’s sales during the month of January 2017 exceeded $241,000.
51. Eastern Fruit’s sales during the month of February 2017 totaled approximately
$218,857.
52. Eastern Fruit’s sales during the month of February 2017 exceeded $218,000.
53. Eastern Fruit’s sales during the month of March 2017 totaled approximately
$247,129.
54. Eastern Fruit’s sales during the month of March 2017 exceeded $247,000.
55. Eastern Fruit’s sales during the period from April 1, 2017 to April 17, 2017
totaled approximately $112,349.
56. Eastern Fruit’s sales during the period from April 1, 2017 to April 17, 2017
exceeded $112,000.
57. Attached as Exhibit E is a true and accurate copy of a change endorsement
effective on April 17, 2016 with respect to the 2016 Policy.
58. Eastern Fruit received a copy of Exhibit E in or around July or August 2017.
59. Eastern Fruit has not paid the additional premium, state tax or fee reflected in
Exhibit E.
60. Attached as Exhibit F is a true and accurate copy of a letter to Eastern Fruit dated
September 18, 2017.
FILED: KINGS COUNTY CLERK 10/19/2020 11:33 AM INDEX NO. 510798/2018
NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 10/19/2020
61. Eastern Fruit received Exhibit F in or around September or October 2017.
62. Eastern Fruit has not paid the additional premiums reflected in Exhibit F.
63. Eastern Fruit has not paid the “Amount Due” reflected in Exhibit F.
64. Attached as Exhibit G is a true and accurate copy of a letter to Eastern Fruit dated
October 6, 2017.
65. Eastern Fruit received Exhibit F in or around October or November 2017.
66. Eastern Fruit has not paid the additional premiums reflected in Exhibit G.
67. Eastern Fruit has not paid the “Amount Due” reflected in Exhibit G.
68. Attached as Exhibit H is a true and accurate copy of a change endorsement
effective April 17, 2017 with respect to the 2017 Policy, together with its attachment.
69. Eastern Fruit received Exhibit H in or around August or September 2017.
70. Eastern Fruit has not paid the premium reflected in Exhibit H.
71. The 2017 Policy was cancelled effective October 3, 2017 as a result of Eastern
Fruit’s failure to pay policy premiums.
PLEASE TAKE NOTICE THAT, pursuant to CPLR 3123, each of the matters of
which an admission is requested shall be deemed admitted unless within twenty days after
service hereof or within such further time as the court may allow, you serve upon the
undersigned a sworn statement either denying specifically the matters of which an admission is
requested or setting forth in detail the reasons why you cannot truthfully either admit or deny
those matters.
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FILED: KINGS COUNTY CLERK 10/19/2020 11:33 AM INDEX NO. 510798/2018
NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 10/19/2020
Dated: White Plains, NY
April 15, 2020
Keidel, Weldon & Cunningham, LLP
By: _____________________________
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: L. Blake Morris & Associates
Attorneys for Defendant
Eastern Fruit & Vegetables
1214 Cortelyou Rd.
Brooklyn, NY 11218-5404
Preview
FILED: KINGS COUNTY CLERK 10/19/2020 11:33 AM INDEX NO. 510798/2018 NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 10/19/2020 From: Debra Krebs To: Blake@lblakemorris.com; info@lblakemorris.com Subject: Atlantic Casualty v. Eastern Fruit & Vegetables - AMENDED NOTI CE TO ADMI T Date: Wednesday, April 15, 2020 2:17:00 PM Attachments: Amended Notice to Admit.pdf Blake, I was going to follow up with you since the response to our Notice to Admit was due last week. Upon doing so, I noticed there were a few minor errors in the previously served Notice to Admit. As a result, we have amended the Notice to Admit. The Amended Notice is attached. It is our understanding that Defendant’s response is now due Tuesday, May 5, 2020. I would ordinarily file a copy of this on the docket, which would constitute service. However, due to the Administrative Order precluding such filings, I am serving a copy of you by email at the address(es) listed on the court docket, which I presume you will accept as sufficient service. As noted above, Defendant’s response is due within twenty days. If you have issues relating to the Pandemic which preclude you from responding within the twenty-day period, please let me know as soon as possible. Thank you for your attention to this matter. Debbie Debra M. Krebs, Esq. Keidel, Weldon & Cunningham, LLP 925 Westchester Avenue Suite 400 White Plains, NY 10604 Tel: (914) 948-7000 (201) 490-7706 Fax: (914) 948-7010 dkrebs@kwcllp.com Confidentiality: The information contained in this e-mail message is intended only for the use of the individual or entity named above and is privileged and confidential. Any dissemination, distribution, or copy of this communication other than to the individual or entity named above is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone. FILED: KINGS COUNTY CLERK 10/19/2020 11:33 AM INDEX NO. 510798/2018 NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 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 v. AMENDED FIRST NOTICE TO ADMIT TO EASTERN FRUIT & EASTERN FRUIT & VEGETABLES INC. VEGETABLES Defendant. PLEASE TAKE NOTICE that pursuant to CPLR 3123, Atlantic Casualty Insurance Company, by its attorneys, Keidel, Weldon & Cunningham, LLP., hereby requests that Defendant Eastern Fruit & Vegetables (“Eastern Fruit”) admit or deny the allegations contained herein. DEFINITIONS AND INSTRUCTIONS 1. "You" and "your" refers to the party responding to this notice. 2. “Atlantic Casualty” refers to Plaintiff Atlantic Casualty Insurance Company. 3. “Eastern Fruit” and/or “Defendant” refers to Defendant Eastern Fruit Construction Inc. 4. “Overland Solutions” 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. 5. The “2016 Policy” refers to Policy number L146001424-1 issued to Eastern Fruit. 6. The “2017 Policy” refers to Policy number L146001424-2 issued to Eastern Fruit. 7. The “Policies” refers collectively to the “2016 Policy” and the “2017 Policy.” 8. The “Audit” refers to the audit performed by Overland Solutions. 1 FILED: KINGS COUNTY CLERK 10/19/2020 11:33 AM INDEX NO. 510798/2018 NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 10/19/2020 ADMISSIONS 1. Attached as Exhibit A is a true and accurate copy of the 2016 Policy. 2. The 2016 Policy was in effect for the full policy period. 3. Eastern Fruit received a copy of the 2016 Policy prior to April 17, 2017. 4. Attached as Exhibit B is a true and accurate copy of the 2017 Policy. 5. The 2017 Policy was in effect from April 17, 2017 to October 3, 2017. 6. Eastern Fruit received a copy of the 2017 Policy prior to July 1, 2017. 7. Eastern Fruit received a copy of the 2017 Policy prior to October 3, 2017. 8. Attached as Exhibit C is a true and accurate copy of the application submitted by or on behalf of Eastern Fruit in connection with the 2016 Policy. 9. The application attached as Exhibit C was signed on or about April 18, 2016. 10. The application attached as Exhibit C was signed by someone authorized to do so on behalf of Eastern Fruit. 11. Attached as Exhibit D is a true and accurate copy of the application submitted by or on behalf of Eastern Fruit in connection with the 2017 Policy. 12. The application attached as Exhibit D was signed on or about April 17, 2017. 13. The application attached as Exhibit D was signed by someone authorized to do so on behalf of Eastern Fruit. 14. In or around June 2017 Eastern Fruit or its accountant provided information to Overland Solutions in connection with an audit of Eastern Fruit’s insurance policy premiums. 15. In or around June 2017 Eastern Fruit or its accountant made documents available for review by Overland Solutions in connection with an audit of Eastern Fruit’s insurance policy premiums. FILED: KINGS COUNTY CLERK 10/19/2020 11:33 AM INDEX NO. 510798/2018 NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 10/19/2020 16. In or around June 2017 Eastern Fruit or its accountant made documents available for review by Joseph Reich in connection with an audit of Eastern Fruit’s insurance policy premiums. 17. In connection with the audit, Eastern Fruit or its accountant provided information to Overland Solutions with respect to Eastern Fruit’s gross earnings, including documents showing Eastern Fruit’s gross earnings during the period from May 1, 2016 to May 1, 2017. 18. In connection with the audit, Eastern Fruit or its accountant made available to Overland Solutions documents relating to Eastern Fruit’s gross earnings, including documents showing Eastern Fruit’s gross earnings during the period from May 1, 2016 to May 1, 2017. 19. In connection with the audit, Eastern Fruit or its accountant provided information to Joseph Reich with respect to Eastern Fruit’s gross earnings, including documents showing Eastern Fruit’s gross earnings during the period from May 1, 2016 to May 1, 2017. 20. In connection with the audit, Eastern Fruit or its accountant made available to Joseph Reich documents relating to Eastern Fruit’s gross earnings, including documents showing Eastern Fruit’s gross earnings during the period from May 1, 2016 to May 1, 2017. 21. In connection with the audit, Eastern fruit or its accountant provided Overland Solutions with a copy of its cash book, which included information covering the period from May 1, 2016 to May 1, 2017 (regardless of whether other dates were also included in such cash book). 22. In connection with the audit, Eastern Fruit or its accountant provided Joseph Reich with a copy of its cash book, which included information covering the period from May 1, 2016 to May 1, 2017 (regardless of whether other dates were also included in such cash book). 3 FILED: KINGS COUNTY CLERK 10/19/2020 11:33 AM INDEX NO. 510798/2018 NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 10/19/2020 23. In connection with the audit, Eastern Fruit or its accountant provided Overland Solutions with a copy of its general ledger, which included information covering the period from May 1, 2016 to May 1, 2017 (regardless of whether other dates were also included in such general ledger). 24. In connection with the audit, Eastern Fruit or its accountant provided Joseph Reich with a copy of its general ledger, which included information covering the period from May 1, 2016 to May 1, 2017 (regardless of whether other dates were also included in such general ledger). 25. In connection with the audit, Eastern Fruit or its accountant provided Overland Solutions with tax returns (or copies of tax returns), which included information covering the period from May 1, 2016 to May 1, 2017 (regardless of whether other dates were also included in such returns). 26. In connection with the audit, Eastern Fruit or its accountant provided Joseph Reich with tax returns (or copies of tax returns), which included information covering the period from May 1, 2016 to May 1, 2017 (regardless of whether other dates were also included in such returns). 27. Eastern Fruit’s gross earnings for the period from April 17, 2016 to April 17, 2017 was approximately $2,775,356. 28. Eastern Fruit’s gross earnings for the period from April 17, 2016 to April 17, 2017 exceeded $2,700,000. 29. Eastern Fruit’s gross receipts for the period from April 17, 2016 to April 17, 2017 was approximately $2,775,356. 30. Eastern Fruit’s gross receipts for the period from April 17, 2016 to April 17, 2017 exceeded $2,700,000. FILED: KINGS COUNTY CLERK 10/19/2020 11:33 AM INDEX NO. 510798/2018 NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 10/19/2020 31. Eastern Fruit’s sales during the period from April 17, 2016 to April 30, 2016 totaled approximately $122,900. 32. Eastern Fruit’s sales during the period from April 17, 2016 to April 30, 2016 exceeded $122,000. 33. Eastern Fruit’s sales during the month of May 2016 totaled approximately $244,122. 34. Eastern Fruit’s sales during the period from May 2016 exceeded $244,000. 35. Eastern Fruit’s sales during the month of June 2016 totaled approximately $273,730. 36. Eastern Fruit’s sales during the period from June 2016 exceeded $273,000. 37. Eastern Fruit’s sales during the month of July 2016 totaled approximately $211,863. 38. Eastern Fruit’s sales during the period from July 2016 exceeded $211,000. 39. Eastern Fruit’s sales during the month of August 2016 totaled approximately $240,269. 40. Eastern Fruit’s sales during the period from August 2016 exceeded $240,000. 41. Eastern Fruit’s sales during the month of September 2016 totaled approximately $204,692. 42. Eastern Fruit’s sales during the period from September 2016 exceeded $204,000. 43. Eastern Fruit’s sales during the month of October 2016 totaled approximately $232,377. 44. Eastern Fruit’s sales during the month of October 2016 exceeded $232,000. 45. Eastern Fruit’s sales during the month of November 2016 totaled approximately $218,686. 5 FILED: KINGS COUNTY CLERK 10/19/2020 11:33 AM INDEX NO. 510798/2018 NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 10/19/2020 46. Eastern Fruit’s sales during the month of November 2016 exceeded $218,000. 47. Eastern Fruit’s sales during the month of December 2016 totaled approximately $206,775. 48. Eastern Fruit’s sales during the month of December 2016 exceeded $206,000. 49. Eastern Fruit’s sales during the month of January 2017 totaled approximately $241,607. 50. Eastern Fruit’s sales during the month of January 2017 exceeded $241,000. 51. Eastern Fruit’s sales during the month of February 2017 totaled approximately $218,857. 52. Eastern Fruit’s sales during the month of February 2017 exceeded $218,000. 53. Eastern Fruit’s sales during the month of March 2017 totaled approximately $247,129. 54. Eastern Fruit’s sales during the month of March 2017 exceeded $247,000. 55. Eastern Fruit’s sales during the period from April 1, 2017 to April 17, 2017 totaled approximately $112,349. 56. Eastern Fruit’s sales during the period from April 1, 2017 to April 17, 2017 exceeded $112,000. 57. Attached as Exhibit E is a true and accurate copy of a change endorsement effective on April 17, 2016 with respect to the 2016 Policy. 58. Eastern Fruit received a copy of Exhibit E in or around July or August 2017. 59. Eastern Fruit has not paid the additional premium, state tax or fee reflected in Exhibit E. 60. Attached as Exhibit F is a true and accurate copy of a letter to Eastern Fruit dated September 18, 2017. FILED: KINGS COUNTY CLERK 10/19/2020 11:33 AM INDEX NO. 510798/2018 NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 10/19/2020 61. Eastern Fruit received Exhibit F in or around September or October 2017. 62. Eastern Fruit has not paid the additional premiums reflected in Exhibit F. 63. Eastern Fruit has not paid the “Amount Due” reflected in Exhibit F. 64. Attached as Exhibit G is a true and accurate copy of a letter to Eastern Fruit dated October 6, 2017. 65. Eastern Fruit received Exhibit F in or around October or November 2017. 66. Eastern Fruit has not paid the additional premiums reflected in Exhibit G. 67. Eastern Fruit has not paid the “Amount Due” reflected in Exhibit G. 68. Attached as Exhibit H is a true and accurate copy of a change endorsement effective April 17, 2017 with respect to the 2017 Policy, together with its attachment. 69. Eastern Fruit received Exhibit H in or around August or September 2017. 70. Eastern Fruit has not paid the premium reflected in Exhibit H. 71. The 2017 Policy was cancelled effective October 3, 2017 as a result of Eastern Fruit’s failure to pay policy premiums. PLEASE TAKE NOTICE THAT, pursuant to CPLR 3123, each of the matters of which an admission is requested shall be deemed admitted unless within twenty days after service hereof or within such further time as the court may allow, you serve upon the undersigned a sworn statement either denying specifically the matters of which an admission is requested or setting forth in detail the reasons why you cannot truthfully either admit or deny those matters. 7 FILED: KINGS COUNTY CLERK 10/19/2020 11:33 AM INDEX NO. 510798/2018 NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 10/19/2020 Dated: White Plains, NY April 15, 2020 Keidel, Weldon & Cunningham, LLP By: _____________________________ 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: L. Blake Morris & Associates Attorneys for Defendant Eastern Fruit & Vegetables 1214 Cortelyou Rd. Brooklyn, NY 11218-5404