Exhibit,Appendix: Atlantic Casualty Insurance Company v. Eastern Fruit & Vegetables Inc.

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.

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FILED: KINGS COUNTY CLERK 02/08/2021 02:21 PM INDEX NO. 510798/2018
NYSCEF DOC. NO. 172 RECEIVED NYSCEF: 02/08/2021

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. SET OF INTERROGATORIES TO
EASTERN FRUIT &
EASTERN FRUIT & VEGETABLES INC. VEGETABLES

Defendant.

PLEASE TAKE NOTICE that pursuant to CPLR §3101 et seq. and Rule §3130 of the

Civil Practice Law and Rules, the Plaintiff Atlantic Casualty Insurance Company, by its

attorneys, Keidel, Weldon & Cunningham, LLP., hereby requests that Defendant Eastern Fruit &

Vegetables (“Eastern Fruit”), provide responses to the following interrogatories:

DEFINITIONS AND INSTRUCTIONS

1. "You" and "your" refers to the party responding to this demand, and any person

acting on its behalf, including, but not limited to its attorneys.

2. “Atlantic Casualty” 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 its behalf.

3. “Eastern Fruit” and/or “Defendant” refers to Defendant Eastern Fruit

Construction 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.

4. “Morstan” 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.

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5. “Andreoli” 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.

6. “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.

7. The “Policies” 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.

8. The “Audit” refers to the audit performed by Overland Solutions in connection

with the Policies and/or any other audits performed in connection with the Policies.

9. The “Relevant Period” refers to the period from April 17, 2016 to May 1, 2017,

inclusive.

10. Information sought by these interrogatories shall include information within the

knowledge, possession, control or access, of any agent, employee, principal, attorney or

investigator (including investigators of an attorney, of the plaintiff, or any person acting as the

plaintiff' representative or on behalf of the plaintiff, including, but not limited to, any other

independent attorney, agent or investigator).

11. Whenever appropriate, the singular form of a word shall be interpreted as plural,

and the masculine gender shall be deemed to include the feminine.

12. As used in these interrogatories, the terms "and" as well as "or" shall be

construed either disjunctively or conjunctively as is necessary to bring within the scope of these

interrogatories any information which might otherwise be construed to be outside their scope.
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13. As used in these interrogatories, the terms "date" means the exact day, month, and

year, if known, or if not known, the best approximation thereof. The exact date shall be given in

all answers except where it is explicitly indicated that the approximate date may be given.

14. As used in these interrogatories, the terms "person" includes, without limiting the

generality of its meaning, every natural person, corporate entity, partnership, association,

governmental body or agency.

15. As used in these interrogatories, "identification of a person or entity" includes

stating his, her, or its full name, his or her most recent home address and telephone number, his,

her, or its most recent known business address and telephone number, his or her present position,

his or her, or its prior connection or association with the parties to this litigation.

16. As used in these interrogatories, the term "document" includes, without limiting

the generality of its meaning, all originals, or copies where originals are unavailable, and non-

identical copies (whether different from originals by reason of notation made on the copies or

otherwise) of all written, recorded, or graphic matter, however produced or reproduced, whether

or not now in existence, of correspondence, telegrams, notes, or sound recordings of any type of

conversation, meeting, or conference, minutes of meetings, memoranda, interoffice

communications, studies, analysis, reports, summaries, and results of investigations and tests,

reviews, contracts, agreements, working papers, tax returns, statistical records, ledgers, books of

count, vouchers; bank checks, bank statements, invoices, bills, written estimates of costs,

receipts, computed date, stenographers notebooks, manuals, directives, bulletins, desk calendars,

appointment books, diaries, maps, charts, photographs, plats, drawings or other graphic

representations, logs, investigators reports, or papers similar to any of the foregoing, however

denominated.

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17. As used in these interrogatories, "identification of a document" includes stating

(a) the nature of the document, (b) the date appearing on the document, ( c) the date on which the

document was prepared, (d) the title of the document, (e) the general subject matter of the

document, (f) the number of pages comprising the document, (g) the identity of each person who

wrote, dictated, or otherwise participated in the preparation of the document, (h) the identity of

each person who signed or initialed the document, (i) the identity of each person who received

the document or reviewed it, (j) the location of the document, and (k) the identity of each person

having custody of the document. Identification of a document includes identifying all documents

known or believed to exist, whether or not in your custody or in the custody of your attorneys.

In all interrogatories requesting the identification of documents, you are requested to state

whether you will make those documents available for inspection copying by the Defendant by

stating "available"; if you are unwilling or unable to produce certain documents, you are

requested to do so by stating "not available" and state the reasons therefore.

18. If you at any time had possession or control of a document requested to be

identified or produced, and if that document has been lost, destroyed, purged, or is not presently

in your possession or control, you shall describe the document, the date of its loss, destruction,

purge, or separation from your possession or control, and the circumstances surrounding its loss,

destruction, purge, or separation from your possession or control, and, if known, you shall

identify the person last known by you to have possession or control of the document.

19. As used in these interrogatories, the term "communication" means any contact,

oral or written, formal or informal, at any time or place or under any circumstances whatsoever,

whereby information of any nature was transmitted or transferred.
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NYSCEF DOC. NO. 172 RECEIVED NYSCEF: 02/08/2021

20. As used in these interrogatories, "identification of a communication" includes

stating (a) the place the communication took place, (b) the identity of each person who is present

participating in, or has knowledge of the communication, (c) the type of communications, (e.g.,

telephonic, letter, memo, telex, etc.), (d) the substance of the· communication, and (e) the

identity of each document reflecting, referring to or comprising the communication.

21. If any of the information contained in the answers to these interrogatories is not

within your personal knowledge, so state. The answers to these interrogatories should identify

every person, document, and communication upon which you rely for the information contained

in the answer not based solely on your personal knowledge.

22. If you cannot answer any portion of any of the following interrogatories in full

after exercising diligence to secure the information, so state an answer to the extent possible,

specify in your inability to answer the remainder and stating whatever information or knowledge

you have concerning the unanswered portions.

23. If you claim privilege for any communication or document, or any portion

thereof, about which information is requested by these interrogatories, specify the privilege

claim, the communication and/or answer for which that claim is made, the parties to that

communication, the topic discussed in the communication, and the basis for your claim.

24. Except where expressly stated, these demands are not intended to request the

disclosure of 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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NYSCEF DOC. NO. 172 RECEIVED NYSCEF: 02/08/2021

25. 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.

INTERROGATORIES

1. Identify all persons who provided any information or documents used to draft

responses to these interrogatories.

RESPONSE:

See NY St Cts Electronic Filing [NYSCEF] Doc. No. 12, 13, 14, 15, 16, 54, 58, 59, 74, 77,
and 78

NYSCEF 12: Audit summary from Atlantic’s files
NYSCEF 13: 2016 audit endorsement from Atlantic’s files
NYSCEF 14: 2017 endorsements
NYSCEF 15: All pleadings
NYSCEF 16: Affidavits of service
NYSCEF 54: Defendant’s Memorandum of Law in Opposition to Motion Seq. #3
NYSCEF 58: Surplus Lines Affidavit associated with 2016 policy
NYSCEF 59: Surplus Lines Affidavit associated with 2017 policy
NYSCEF 77: Morstan subpoena response
NYSCEF 78: Cover letter from Morstan enclosing subpoena response
FILED: KINGS COUNTY CLERK 02/08/2021 02:21 PM INDEX NO. 510798/2018
NYSCEF DOC. NO. 172 RECEIVED NYSCEF: 02/08/2021

2. Identify all persons whom You believe possess knowledge of the facts relevant to

the subject matter of this case, and for each such person, summarize the knowledge which You

believe he or she possesses.

RESPONSE:

See NY St Cts Electronic Filing [NYSCEF] Doc. No. 12, 13, 14, 15, 16, 54, 58, 59, 74,
77, and 78

3. Identify all fact witnesses You intend to rely upon at the time of any dispositive

motion, hearing or trial of this matter.

RESPONSE:

See NY St Cts Electronic Filing [NYSCEF] Doc. No. 12, 13, 14, 15, 16, 54, 58, 59, 74, 77,
and 78

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4. Identify all documents and/or other evidence You intend to introduce and/or rely

upon at the time of any dispositive motion, hearing, deposition, or trial of this matter.

RESPONSE:

See NY St Cts Electronic Filing [NYSCEF] Doc. No. 12, 13, 14, 15, 16, 54, 58, 59, 74, 77,
and 78

5. Identify each address at which Eastern Fruit & Vegetables, Inc. regularly received

mail from June 2, 2017 through the date this lawsuit was commenced.

RESPONSE:

See NY St Cts Electronic Filing [NYSCEF] Doc. No. 12, 13, 14, 15, 16, 54, 58, 59, 74, 77,
and 78

6. Identify all payments You made in connection with the Policy and/or the Audit.

RESPONSE:

See NY St Cts Electronic Filing [NYSCEF] Doc. No. 12, 13, 14, 15, 16, 54, 58, 59, 74, 77,
and 78

7. Identify all documents and information You provided to Overland Solutions

and/or any other person in connection with the Audit.

RESPONSE:

See NY St Cts Electronic Filing [NYSCEF] Doc. No. 12, 13, 14, 15, 16, 54, 58, 59, 74, 77,
and 78

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NYSCEF DOC. NO. 172 RECEIVED NYSCEF: 02/08/2021

8. Set forth Eastern Fruit & Vegetables Inc.’s gross receipts for the following

periods and identify all documents and/or other information relied upon you in calculating its

gross receipts for each period:

a. April 17, 2014 to April 17, 2015;

b. April 17, 2015 to April 17, 2016;

c. April 17, 2016 to April 17, 2017

d. April 17, 2016 to April 17, 2017; and

e. May 1, 2016 to May 1, 2017.

RESPONSE:

See NY St Cts Electronic Filing [NYSCEF] Doc. No. 12, 13, 14, 15, 16, 54, 58, 59, 74, 77,
and 78

9. Set forth when You first received copies of each of the Policies.

RESPONSE:

See NY St Cts Electronic Filing [NYSCEF] Doc. No. 12, 13, 14, 15, 16, 54, 58, 59, 74, 77,
and 78

10. Identify each communication or correspondence between You and any of the

following people or entities:

a. Atlantic Casualty;

b. Morstan;

c. Andreoli; and/or

d. Overland Solutions.

RESPONSE:

See NY St Cts Electronic Filing [NYSCEF] Doc. No. 76, 77, and 78

NYSCEF 76: Subpoena to Morstan
NYSCEF 77: Morstan subpoena response
NYSCEF 78: Cover letter from Morstan enclosing subpoena response

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FILED: KINGS COUNTY CLERK 02/08/2021 02:21 PM INDEX NO. 510798/2018
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11. Identify each communication or correspondence, relating to and/or referencing:

a. The Policy; and/or

b. The Audit.

RESPONSE:

See NY St Cts Electronic Filing [NYSCEF] Doc. No. 76, 77, and 78

NYSCEF 76: Subpoena to Morstan
NYSCEF 77: Morstan subpoena response
NYSCEF 78: Cover letter from Morstan enclosing subpoena response

12. Set forth the basis for your affirmative defense that Atlantic Casualty is estopped

from asserting this action and the rules and principals of equity.

RESPONSE:

See NY St Cts Electronic Filing [NYSCEF] Doc. No. 54 MEMORANDUM OF LAW
IN OPPOSITION and 75, MEMORANDUM OF LAW IN SUPPORT.

13. Set forth the basis for your claim that Atlantic Casualty was “doing business” in

the State of New York. Where possible, identify each act or transaction by which you claim

Atlantic Casualty did business in New York. Where you are not able to identify particular acts

or transactions, provide as much detail as possible, including identifying the general nature of the

acts and/or transactions and the time period(s) during which you claim those acts and/or

transactions took place.

RESPONSE:

See NY St Cts Electronic Filing [NYSCEF] Doc. No. 54 MEMORANDUM OF LAW
IN OPPOSITION and 75, MEMORANDUM OF LAW IN SUPPORT.
FILED: KINGS COUNTY CLERK 02/08/2021 02:21 PM INDEX NO. 510798/2018
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14. Identify the policy referenced in paragraph 8 of the Affidavit in Opposition to

Motion for Summary Judgment of Asif Jhangir, dated October 24, 2018. In doing so, set forth

the name of the carrier, the policy number and the policy period.

RESPONSE:

a. Insurance Retail Broker: Richard Andreoli

b. Insurance Wholesale Broker: Morstan General Agency, Inc.

c. Insurance Carrier: Berkshire Hathaway Guard Insurance Companies

d. Policy number: EABP846348

e. Policy Period: October 1, 2017 – October 1, 2018

15. Identify each insurance agent and/or broker that assisted in procuring the policy

referenced in paragraph 8 of the Affidavit in Opposition to Motion for Summary Judgment of

Asif Jhangir, dated October 24, 2018.

RESPONSE:

a. Insurance Retail Broker: Richard Andreoli

b. Insurance Wholesale Broker: Morstan General Agency, Inc.

c. Insurance Carrier: Berkshire Hathaway Guard Insurance Companies

d. Policy number: EABP846348

e. Policy Period: October 1, 2017 – October 1, 2018

16. Identify each policy through which You claim Eastern Fruit & Vegetables, Inc.

has maintained commercial general liability insurance provided by Atlantic Casualty, including,

but not limited to each policy referred to by Ms. Jhangir, in paragraph 3 of the Affidavit in

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Opposition to Motion for Summary Judgment of Asif Jhangir, dated October 24, 2018, wherein

he states that for six years, ending with the cancellation of [Eastern Fruit’s] commercial general

liability insurance policy on or about July 2017, the defendants maintained commercial general

liability insurance provided by [Atlantic Casualty].” For each policy identified in response to

this interrogatory, set forth,

a. The first named insured;

b. The policy number; and

c. The policy period.

RESPONSE:

See NY St Cts Electronic Filing [NYSCEF] Doc. No. 12, 13, 14, 15, 16, 54, 58, 59, 74, 77,
and 78

Dated: White Plains, NY
October 28, 2019
Keidel, Weldon & Cunningham, LLP

By: _____________________________
Robert Walker Lewis, Esq.
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
FILED: KINGS COUNTY CLERK 02/08/2021 02:21 PM INDEX NO. 510798/2018
NYSCEF DOC. NO. 172 RECEIVED NYSCEF: 02/08/2021

To:

Nathaniel J. Costa, Esq.
L. Blake Morris & Associates
Attorneys for Defendant
Eastern Fruit & Vegetables
1214 Cortelyou Rd.
Brooklyn, NY 11218-5404

Case Info

Judge

Landicino Track Judge’s New Case

Case No.

(Subscribe to View)

Document Filed Date

February 08, 2021

Case Filing Date

May 24, 2018

County

Parties

Atlantic Casualty Insurance Company Plaintiff
CAHILL, THOMAS J. Attorney
Eastern Fruit & Vegetables Inc. Defendant
Hull & Company of New York Inc. Non Party
KREBS, DEBRA M Attorney for the Plaintiff
LEWIS, ROBERT W Attorney for the Plaintiff
MORRIS, LAWRENCE B Attorney for the Defendant
SHUR, JOSEPH M Attorney for the Plaintiff
MUDITHA HALLIYADDE Attorneys for Plaintiffs
ROBERT LEWIS Attorneys for Plaintiffs
JOHN CAHILL Attorney
RALPH GOLDSTEIN Attorneys for Plaintiffs
NATHANIEL COSTA Attorneys for Defendants
NATHAN COOK Attorneys for Defendants
KELECHI ACHOLONU Attorney
LYSTRA BLAKE Attorney
MICHAEL SHUR Attorney
ROBERT BOWLING Attorney
DEBRA MARCH Attorneys for Plaintiffs
KENNETH BAND Attorney
ROBERT WALKER Attorney
CARL LANDICINO Attorney

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