Preview
FILED: KINGS COUNTY CLERK 02/08/2021 02:21 PM INDEX NO. 510798/2018
NYSCEF DOC. NO. 170 RECEIVED NYSCEF: 02/08/2021
From: Debra Krebs
To: "Blake@lblakemorris.com"; "info@lblakemorris.com"
Subject: RE: Atlantic Casualty v. Eastern Fruit
Date: Monday, February 1, 2021 9:29:00 AM
I did not hear from you on Friday regarding this matter. I tried calling you today. I received no
answer on your office phone and left a voicemail message for you on your cell phone number. As I
advised you in the message, since I did not hear from you on Friday, and given that we need to move
this matter along, I am assuming at this time that Defendant is not amending its response and will be
moving forward with a motion. If this is incorrect, please contact me immediately.
Thanks.
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.
From: Debra Krebs
Sent: Friday, January 29, 2021 2:51 PM
To: Blake@lblakemorris.com; info@lblakemorris.com
Subject: RE: Atlantic Casualty v. Eastern Fruit
Blake,
I just wanted to remind you that you were going to provide us with a response today as to whether
your client will be providing us with revised discovery responses in compliance with the Court’s prior
order as discussed below and in my letter dated January 8. If you have not confirmed by the end of
the day today that you will be providing more appropriate responses, we will have no option but to
file a motion with the Court.
Thanks.
Debbie
Debra M. Krebs, Esq.
FILED: KINGS COUNTY CLERK 02/08/2021 02:21 PM INDEX NO. 510798/2018
NYSCEF DOC. NO. 170 RECEIVED NYSCEF: 02/08/2021
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.
From: Debra Krebs
Sent: Monday, January 25, 2021 1:17 PM
To: Blake@lblakemorris.com; info@lblakemorris.com
Subject: RE: Atlantic Casualty v. Eastern Fruit
Please allow this to confirm our conversation today regarding this matter.
With respect to the issues raised in my letter dated January 8, 2021 regarding Defendant’s Second
Response to Atlantic Casualty’s First Set of Interrogatories and Defendant’s Second Response to
Atlantic Casualty’s First Notice for Discovery & Inspection, you advised that you raised with your
client the issue raised in that letter and have been checking back with them every two days to see
whether they are willing to provide a better response. You advised that you still do not have any
response from them in this regard. As I advised you, at some point, we need a definitive response
regarding this issue so that we can know whether we will need to address it with the Court. You
asked that I give you until next Friday, January 29, 2021. Please contact me by that date to advise
whether your client will be providing more appropriate responses to Atlantic’s discovery demands
and interrogatories and, if amended or supplemental responses are being provided, please confirm
that such supplemental or amended responses will be provided by February 8, 2021.
In a separate email dated January 8, 2021 I also raised with you an issue regarding the subpoena we
intend to serve on the insured’s retail broker. In particular, as you know, in an affidavit previously
filed with the Court, the insured raised a defense based upon the fact that the policy which
Defendant purchased following the Atlantic Casualty policy does not contain an audit provision. Our
discovery demands, therefore, requested information and documents relating to that subsequent
policy. When we filed our discovery motion, you argued to the Court that the documents are not
relevant. However, you did not specify that Defendant does not intend to rely upon that defense.
The Court, however, limited our discovery demands and interrogatories to only documents relating
to the Atlantic policy periods. To the extent Defendant may intend to raise any defenses based upon
the subsequent policy, we are entitled to discovery regarding such policy. As a result, in my January
8, 2021 email, I sought to clarify from you whether Defendant intends to assert any defense based
upon the 2017 policy purchased after the Atlantic policy (i.e. the policy which became effective
FILED: KINGS COUNTY CLERK 02/08/2021 02:21 PM INDEX NO. 510798/2018
NYSCEF DOC. NO. 170 RECEIVED NYSCEF: 02/08/2021
October 1, 2017). During our conversation, you confirmed that Defendant will not be asserting such
defense in this matter. Although we are currently deciding whether or not it will be necessary to
serve the subpoena, if we do serve it, we will limit the subpoena to the Atlantic Casualty policy
periods.
Please let me know if you have any questions regarding this matter. Otherwise, I will wait to hear
from you on or before January 29 regarding whether your client will be providing more appropriate
responses to Atlantic’s discovery demands and interrogatories.
Thank you for your cooperation.
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.
From: Debra Krebs
Sent: Thursday, January 21, 2021 10:06 AM
To: Blake@lblakemorris.com; info@lblakemorris.com
Subject: Atlantic Casualty v. Eastern Fruit
Blake,
I tried calling you today on your office line – (718) 826-8401. It rang about 10 times, then beeped
twice and said “messages full.” I then tried calling on your alternate phone number – (718) 826-
2516 which did the same thing. I called on your cell – (347) 496-7091 and left a voicemail for you to
please call me.
I would like to speak with you about the discovery responses you recently served. As per the
attached letter, we do not believe the responses comply with the Court’s November 4, 2020 order.
By January 26, please either call me or tell me when would be a good time for me to call you so
that we can discuss this.
FILED: KINGS COUNTY CLERK 02/08/2021 02:21 PM INDEX NO. 510798/2018
NYSCEF DOC. NO. 170 RECEIVED NYSCEF: 02/08/2021
If I do not hear from you by January 26, I will have no option but to file another motion with the
Court.
Thank you.
Debbie Krebs
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.
Preview
FILED: KINGS COUNTY CLERK 02/08/2021 02:21 PM INDEX NO. 510798/2018 NYSCEF DOC. NO. 170 RECEIVED NYSCEF: 02/08/2021 From: Debra Krebs To: "Blake@lblakemorris.com"; "info@lblakemorris.com" Subject: RE: Atlantic Casualty v. Eastern Fruit Date: Monday, February 1, 2021 9:29:00 AM I did not hear from you on Friday regarding this matter. I tried calling you today. I received no answer on your office phone and left a voicemail message for you on your cell phone number. As I advised you in the message, since I did not hear from you on Friday, and given that we need to move this matter along, I am assuming at this time that Defendant is not amending its response and will be moving forward with a motion. If this is incorrect, please contact me immediately. Thanks. 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. From: Debra Krebs Sent: Friday, January 29, 2021 2:51 PM To: Blake@lblakemorris.com; info@lblakemorris.com Subject: RE: Atlantic Casualty v. Eastern Fruit Blake, I just wanted to remind you that you were going to provide us with a response today as to whether your client will be providing us with revised discovery responses in compliance with the Court’s prior order as discussed below and in my letter dated January 8. If you have not confirmed by the end of the day today that you will be providing more appropriate responses, we will have no option but to file a motion with the Court. Thanks. Debbie Debra M. Krebs, Esq. FILED: KINGS COUNTY CLERK 02/08/2021 02:21 PM INDEX NO. 510798/2018 NYSCEF DOC. NO. 170 RECEIVED NYSCEF: 02/08/2021 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. From: Debra Krebs Sent: Monday, January 25, 2021 1:17 PM To: Blake@lblakemorris.com; info@lblakemorris.com Subject: RE: Atlantic Casualty v. Eastern Fruit Please allow this to confirm our conversation today regarding this matter. With respect to the issues raised in my letter dated January 8, 2021 regarding Defendant’s Second Response to Atlantic Casualty’s First Set of Interrogatories and Defendant’s Second Response to Atlantic Casualty’s First Notice for Discovery & Inspection, you advised that you raised with your client the issue raised in that letter and have been checking back with them every two days to see whether they are willing to provide a better response. You advised that you still do not have any response from them in this regard. As I advised you, at some point, we need a definitive response regarding this issue so that we can know whether we will need to address it with the Court. You asked that I give you until next Friday, January 29, 2021. Please contact me by that date to advise whether your client will be providing more appropriate responses to Atlantic’s discovery demands and interrogatories and, if amended or supplemental responses are being provided, please confirm that such supplemental or amended responses will be provided by February 8, 2021. In a separate email dated January 8, 2021 I also raised with you an issue regarding the subpoena we intend to serve on the insured’s retail broker. In particular, as you know, in an affidavit previously filed with the Court, the insured raised a defense based upon the fact that the policy which Defendant purchased following the Atlantic Casualty policy does not contain an audit provision. Our discovery demands, therefore, requested information and documents relating to that subsequent policy. When we filed our discovery motion, you argued to the Court that the documents are not relevant. However, you did not specify that Defendant does not intend to rely upon that defense. The Court, however, limited our discovery demands and interrogatories to only documents relating to the Atlantic policy periods. To the extent Defendant may intend to raise any defenses based upon the subsequent policy, we are entitled to discovery regarding such policy. As a result, in my January 8, 2021 email, I sought to clarify from you whether Defendant intends to assert any defense based upon the 2017 policy purchased after the Atlantic policy (i.e. the policy which became effective FILED: KINGS COUNTY CLERK 02/08/2021 02:21 PM INDEX NO. 510798/2018 NYSCEF DOC. NO. 170 RECEIVED NYSCEF: 02/08/2021 October 1, 2017). During our conversation, you confirmed that Defendant will not be asserting such defense in this matter. Although we are currently deciding whether or not it will be necessary to serve the subpoena, if we do serve it, we will limit the subpoena to the Atlantic Casualty policy periods. Please let me know if you have any questions regarding this matter. Otherwise, I will wait to hear from you on or before January 29 regarding whether your client will be providing more appropriate responses to Atlantic’s discovery demands and interrogatories. Thank you for your cooperation. 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. From: Debra Krebs Sent: Thursday, January 21, 2021 10:06 AM To: Blake@lblakemorris.com; info@lblakemorris.com Subject: Atlantic Casualty v. Eastern Fruit Blake, I tried calling you today on your office line – (718) 826-8401. It rang about 10 times, then beeped twice and said “messages full.” I then tried calling on your alternate phone number – (718) 826- 2516 which did the same thing. I called on your cell – (347) 496-7091 and left a voicemail for you to please call me. I would like to speak with you about the discovery responses you recently served. As per the attached letter, we do not believe the responses comply with the Court’s November 4, 2020 order. By January 26, please either call me or tell me when would be a good time for me to call you so that we can discuss this. FILED: KINGS COUNTY CLERK 02/08/2021 02:21 PM INDEX NO. 510798/2018 NYSCEF DOC. NO. 170 RECEIVED NYSCEF: 02/08/2021 If I do not hear from you by January 26, I will have no option but to file another motion with the Court. Thank you. Debbie Krebs 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.