On May 24, 2018 a
Exhibit,Appendix
was filed
involving a dispute between
Atlantic Casualty Insurance Company,
and
Eastern Fruit & Vegetables Inc.,
for Commercial - Contract
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 02/08/2021 02:21 PM INDEX
INDEX NO.
NO. 510798/2018
510798 /2018
NYSCEF
N SCEF DOC.
000'. NO.
NO. 166
154 RECEIVED
RECEIVED NYSCEF:
NYSCEFi 02/08/2021
11/09/2020
mS
At a Centralized Com liance Part of the
Supreme Court of theÎtate of New York, held
in and for the County of Kings, at the
Courthouse, located atCivic Center Borough
of Brooklyn, City and State of New tork, on the
_4_day of November , 202q_
PRESENT:
HON. LAWRENCE KNIPEL Q t
CAL. NO. 1 O l
Justice/JHO
--------------------------------------- ------- X
AtlanticCasualty
Plaintiff(s), INDEX NO. 510798/18
-against- CONSENT
Eastern Fruit N DEF .-T ORDER ORDER
FTER ORAL ARGln T
Defendant(s)
------------------------------------------------------------X
The following pa ers number 1 to read on this motion Papers Numbered
Notice of Motion-brder to Show Cause
and Affidavits(Affirmations) Annexed
Answering Affidavit(Affinnation)
Reply Affidavit(Affirmation)
Affidavit(Affirmation)
Pleadings-Exhibits
Stipulations-Minutes
Filed Papers
Plaintiffs motion to strike and defendant's cross motion for a protective order are decided as
follows:
Plaintiff seeks to collect monies allegedly due pursuant to contracts entered into with defendant
forexcess insurance in 2016 and 2017. Plaintiff here moves to compel defendant to provide long
overdue responses to plaintiffs discovery and inspection demands, interrogatories and amended
notice to admit. Defendant has generally objected to the demands as over-broad and
cross-moved for a protective order generally asserting privilege, and averring that the responses
sought are burdensome, particularly in lightof the fact that defendant, a grocery store chain,
provides an essential function and has been unable to find the time and employees
For Clerk's Use Only ENTER:
MG Retracked:
MD O Standard
Motion Seq. # O Complex
1-2
J.S.C JJ.H.O.
PRINT FIRM NAME SIGNATURE
ATrORNEY FIRM by FOR PLAINTIFF(S)
ATFORNEY FIRM by FOR DEFENDANT(S)
ATTORNEY FIRM by. FOR DEFENDANT(S)
ATTORNEY FIRM by FOR DEFENDANT(S)
ATTORNEY FIRM by FOR DEFENDANT(S).
CAS-rev. 09-2014
1 of 2
FILED: KINGS COUNTY CLERK 02/08/2021 02:21 PM INDEX
INDEX NO.
NO. 510798/2018
510798/2018
NYSCEF
N SCEF DOC.
DÓC. NO.
SNO. 166
154 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 02/08/2021
11/09/2020
PAGE 2 of
510798/l8
-- DATE
PLAINTIFF Atlantic Casualty vs DEFENDANT Eastern Fruit
to search for responcivelocuments the 'nvid 19 crisis period
during
Upon review of the materials sought by plaintiff,defendant to provide the responses
following
by 1/7/21:
Respnnd tn lis1.13 ofplnintifPs 2mended notica to admit u hetherthaone+racts
(1) regarding
provided are the contracts of insurance between the parties and that the was authorized
signatory
to enter into the contracts. The remaining questions are inappropriate for a notice to admit as
during the contract periods, 2016 and 2017, providing specific legal / factual basis for any
objections as to each demand; specifically identify any items for which privilege is being claimed
and provide privilege log as to such items, and provide añldavit of diligent search as to those
documents to support any claims of payment of premiums.
Failure to comply shall result in preclusion or issue preclusion as may be appropriate.
Any reliet not specifically provided here isdenied.
Note of Issue to be filed by,áM$24,
ENTERED/SO ORDERED
J C
PAGE 2 of HON. W ENCE KNIPEL
SUPR ME OURT JUSTICE
2 of 2
Document Filed Date
February 08, 2021
Case Filing Date
May 24, 2018
Category
Commercial - Contract
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FILED: KINGS COUNTY CLERK 02/08/2021 02:21 PM INDEX INDEX NO. NO. 510798/2018 510798 /2018 NYSCEF N SCEF DOC. 000'. NO. NO. 166 154 RECEIVED RECEIVED NYSCEF: NYSCEFi 02/08/2021 11/09/2020 mS At a Centralized Com liance Part of the Supreme Court of theÎtate of New York, held in and for the County of Kings, at the Courthouse, located atCivic Center Borough of Brooklyn, City and State of New tork, on the _4_day of November , 202q_ PRESENT: HON. LAWRENCE KNIPEL Q t CAL. NO. 1 O l Justice/JHO --------------------------------------- ------- X AtlanticCasualty Plaintiff(s), INDEX NO. 510798/18 -against- CONSENT Eastern Fruit N DEF .-T ORDER ORDER FTER ORAL ARGln T Defendant(s) ------------------------------------------------------------X The following pa ers number 1 to read on this motion Papers Numbered Notice of Motion-brder to Show Cause and Affidavits(Affirmations) Annexed Answering Affidavit(Affinnation) Reply Affidavit(Affirmation) Affidavit(Affirmation) Pleadings-Exhibits Stipulations-Minutes Filed Papers Plaintiffs motion to strike and defendant's cross motion for a protective order are decided as follows: Plaintiff seeks to collect monies allegedly due pursuant to contracts entered into with defendant forexcess insurance in 2016 and 2017. Plaintiff here moves to compel defendant to provide long overdue responses to plaintiffs discovery and inspection demands, interrogatories and amended notice to admit. Defendant has generally objected to the demands as over-broad and cross-moved for a protective order generally asserting privilege, and averring that the responses sought are burdensome, particularly in lightof the fact that defendant, a grocery store chain, provides an essential function and has been unable to find the time and employees For Clerk's Use Only ENTER: MG Retracked: MD O Standard Motion Seq. # O Complex 1-2 J.S.C JJ.H.O. PRINT FIRM NAME SIGNATURE ATrORNEY FIRM by FOR PLAINTIFF(S) ATFORNEY FIRM by FOR DEFENDANT(S) ATTORNEY FIRM by. FOR DEFENDANT(S) ATTORNEY FIRM by FOR DEFENDANT(S) ATTORNEY FIRM by FOR DEFENDANT(S). CAS-rev. 09-2014 1 of 2 FILED: KINGS COUNTY CLERK 02/08/2021 02:21 PM INDEX INDEX NO. NO. 510798/2018 510798/2018 NYSCEF N SCEF DOC. DÓC. NO. SNO. 166 154 RECEIVED RECEIVED NYSCEF: NYSCEF: 02/08/2021 11/09/2020 PAGE 2 of 510798/l8 -- DATE PLAINTIFF Atlantic Casualty vs DEFENDANT Eastern Fruit to search for responcivelocuments the 'nvid 19 crisis period during Upon review of the materials sought by plaintiff,defendant to provide the responses following by 1/7/21: Respnnd tn lis1.13 ofplnintifPs 2mended notica to admit u hetherthaone+racts (1) regarding provided are the contracts of insurance between the parties and that the was authorized signatory to enter into the contracts. The remaining questions are inappropriate for a notice to admit as during the contract periods, 2016 and 2017, providing specific legal / factual basis for any objections as to each demand; specifically identify any items for which privilege is being claimed and provide privilege log as to such items, and provide añldavit of diligent search as to those documents to support any claims of payment of premiums. Failure to comply shall result in preclusion or issue preclusion as may be appropriate. Any reliet not specifically provided here isdenied. Note of Issue to be filed by,áM$24, ENTERED/SO ORDERED J C PAGE 2 of HON. W ENCE KNIPEL SUPR ME OURT JUSTICE 2 of 2