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
/2018
FILED: KINGS COUNTY CLERK 03/11/2021 04:16 PM INDEX NO.
INDEX NO. 510798
510798/2018
NYSCEF
YSCEF
DOC. NO.
DOC.
NO. 185
188 RECEIVED NYSCEF: 03/05/2021
RECEIVED NYSCEF: 03/11/2021
At a Centralized Com liaricePart.of the
Supreme Court oftheState of New York, held
. in and for the County of Kin at the
Confthouàe; focated at Civie Borough
of Brookly , City and State .of New ork, on thé
day o February ,.20_2_L
PRESENT:
HON, LAWRENCE IGilPEL
CAL. NO. 4
Justice/JHO
AtlanticCasúally NO. 51079%/18
-against CONSENT
Eastern Fruit N DEF ORDER ORDER
FTER ORAL ARG T
The followi pa ersnitmber 1 to read on this motion Papers Numbered
Notice of M on rderio Showcause
.and Affidavits]AffirmatinslAnnexed -
.Answerin Afhdavit (A anation) .
R A davit (Affirmation)
A .vit (Affirmation)
Pleadings Ekhibits
.Sti-ú!aduns-Minutes
FilEd Papers
Plaintiff'smotion to strike isdecided as fo.Hows:
This court's order of I1/4/20directed defendant to provideresponses t6 plaintiffs.D&L notice to
admit and interrogat0ries, upon having reviewed the demands and defendant's motion for a
protective order. court having considered the parties contentions, limited the demands that
Th(
plaintiffwas required to respond fo Plaintiff did.n.ot move to reargue or object to this court's
order,.and didjprovide some additio.nul responses in compliance with the prder. As such,
preclusiun will not he ordered as of yet, although plaintiff did not fudy comply.. Acccird.ingly,
plaintiffis directed to provide proper responses to the demands, res|ionding to the information
sought, not just.by referring.to prior NYSEF filings; rather for example
For Clerk's Use Oniv . ENTER;
MG geXt Heirackedt
MD. . . O Standard
Motion Seq.ft 8 O Compler
see
.
next
.
page
J.S.C./J.H.O.
PRJ T F[RM NAME SIGNATURE
ÁTTORNEY FIRM . by FOR PLAÏNTÏFF(S)
ATTORNEY FIRM by . FOR DEFENDANT(S)
ATTORNEY FIRM by FOR DEFENDANT(3)
ATrORNEY F1RM . by _ __,..._FOR DEFENDANT(S.) ___ ___
ATEORNEY FIRM. by FOR DEÈENDANT(S
CX Svey: 094014
. .
1 of 2
FILED: KINGS COUNTY CLERK 03/11/2021 04:16 PM INDEX
INDEX NO.NO. 510798/2018
510798/2018
pp.ceIurn FF • 03
NYSCEF DOC.
NYSCEF DOC. NO.NO. 185
188 RECEIVED NYS NYSCEF: /05 /202_1_
03/11/2021
PAGE 2of2 o
510798/18 2/25 21
INDEX
PLAINTIFF Atlantic Casualty vs DEFENDANT Eastern Fruit
ifthe rlemanii seelis nnmes pf persons with km,wledge and identifyino the r of ifanmies1oe
provide these nam¼s and briefly identify the person basisWf knowledge Plaintiff need not b.e
obligated to wade through ddzens of previotisly e-f led documents tosee iFany responsive
inful mad n ú1ay h e lseen pïuvided.sumesvbaµ thetelit. Iyloteuvvi. dvfemlanti claini that the
taur.e.tura intJapr.oy.ide-pmp- wheriwrinne in the RS &xr thh
tax returns fbr the ëelevant years and proper responses as peforder of t 1/4/20 by 3/31/2.1 or
shan be predluded from testifying at trialor submittiitg affidavit iriany dispositive motion
wf thout necessity for further modon by plaintiff.
ENTERED ORDERED
JSC
PAGE 2 or
Hon. Law nce Knipel
2 of 2
Document Filed Date
March 11, 2021
Case Filing Date
May 24, 2018
Category
Commercial - Contract
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/2018 FILED: KINGS COUNTY CLERK 03/11/2021 04:16 PM INDEX NO. INDEX NO. 510798 510798/2018 NYSCEF YSCEF DOC. NO. DOC. NO. 185 188 RECEIVED NYSCEF: 03/05/2021 RECEIVED NYSCEF: 03/11/2021 At a Centralized Com liaricePart.of the Supreme Court oftheState of New York, held . in and for the County of Kin at the Confthouàe; focated at Civie Borough of Brookly , City and State .of New ork, on thé day o February ,.20_2_L PRESENT: HON, LAWRENCE IGilPEL CAL. NO. 4 Justice/JHO AtlanticCasúally NO. 51079%/18 -against CONSENT Eastern Fruit N DEF ORDER ORDER FTER ORAL ARG T The followi pa ersnitmber 1 to read on this motion Papers Numbered Notice of M on rderio Showcause .and Affidavits]AffirmatinslAnnexed - .Answerin Afhdavit (A anation) . R A davit (Affirmation) A .vit (Affirmation) Pleadings Ekhibits .Sti-ú!aduns-Minutes FilEd Papers Plaintiff'smotion to strike isdecided as fo.Hows: This court's order of I1/4/20directed defendant to provideresponses t6 plaintiffs.D&L notice to admit and interrogat0ries, upon having reviewed the demands and defendant's motion for a protective order. court having considered the parties contentions, limited the demands that Th( plaintiffwas required to respond fo Plaintiff did.n.ot move to reargue or object to this court's order,.and didjprovide some additio.nul responses in compliance with the prder. As such, preclusiun will not he ordered as of yet, although plaintiff did not fudy comply.. Acccird.ingly, plaintiffis directed to provide proper responses to the demands, res|ionding to the information sought, not just.by referring.to prior NYSEF filings; rather for example For Clerk's Use Oniv . ENTER; MG geXt Heirackedt MD. . . O Standard Motion Seq.ft 8 O Compler see . next . page J.S.C./J.H.O. PRJ T F[RM NAME SIGNATURE ÁTTORNEY FIRM . by FOR PLAÏNTÏFF(S) ATTORNEY FIRM by . FOR DEFENDANT(S) ATTORNEY FIRM by FOR DEFENDANT(3) ATrORNEY F1RM . by _ __,..._FOR DEFENDANT(S.) ___ ___ ATEORNEY FIRM. by FOR DEÈENDANT(S CX Svey: 094014 . . 1 of 2 FILED: KINGS COUNTY CLERK 03/11/2021 04:16 PM INDEX INDEX NO.NO. 510798/2018 510798/2018 pp.ceIurn FF • 03 NYSCEF DOC. NYSCEF DOC. NO.NO. 185 188 RECEIVED NYS NYSCEF: /05 /202_1_ 03/11/2021 PAGE 2of2 o 510798/18 2/25 21 INDEX PLAINTIFF Atlantic Casualty vs DEFENDANT Eastern Fruit ifthe rlemanii seelis nnmes pf persons with km,wledge and identifyino the r of ifanmies1oe provide these nam¼s and briefly identify the person basisWf knowledge Plaintiff need not b.e obligated to wade through ddzens of previotisly e-f led documents tosee iFany responsive inful mad n ú1ay h e lseen pïuvided.sumesvbaµ thetelit. Iyloteuvvi. dvfemlanti claini that the taur.e.tura intJapr.oy.ide-pmp- wheriwrinne in the RS &xr thh tax returns fbr the ëelevant years and proper responses as peforder of t 1/4/20 by 3/31/2.1 or shan be predluded from testifying at trialor submittiitg affidavit iriany dispositive motion wf thout necessity for further modon by plaintiff. ENTERED ORDERED JSC PAGE 2 or Hon. Law nce Knipel 2 of 2