Preview
FILED: KINGS COUNTY CLERK 05/13/2021 04:46 PM INDEX NO. 510798/2018
NYSCEF DOC. NO. 221 RECEIVED NYSCEF: 05/13/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
ATLANTIC CASUALTY INSURANCE
COMPANY,
Index No.: 510798/2018
Plaintiff,
v. GOOD FAITH AFFIRMATION IN
SUPPORT OF MOTION
EASTERN FRUIT & VEGETABLES INC.
Defendant.
DEBRA M. KREBS, ESQ., an attorney duly admitted to practice law in the Courts of the
State of New York, and a partner in the law firm Keidel, Weldon & Cunningham, LLP, counsel
for Plaintiff, Atlantic Casualty Insurance Company (“Atlantic Casualty”), hereby affirms the
following under penalties of perjury:
1. I submit this affirmation pursuant to NYCRR 202.7(c) to demonstrate the good
faith attempts that we have made to secure a response from non-party Anwarul Huque (aka
Anwarul Haque) (hereinafter “Haque”) to Plaintiff’s subpoena duces tecum which was returnable
on May 12, 2021 (the “Subpoena”).
2. On April 20, 2021, the undersigned issued a Subpoena Ducesm Tecum to non-party
Anwarul Huque, who is the accountant for Defendant Eastern Fruit & Vegetables Inc. A copy of
the Subpoena is attached to the accompanying Attorney Affirmation as Exhibit “1”.
3. The Subpoena was served on Mr. Huque on April 22, 2021. A copy of the Affidavit
of Service of the Subpoena is attached to the accompanying Attorney Affirmation as Exhibit “2”.
4. I did not hear from Mr. Huque in response to the subpoena.
5. On May 12, 2021, I telephoned Mr. Huque, who confirmed that he had received the
Subpoena and that he knew a response was due. In initially told me that he was too busy to
respond. When I advised him that he was required to respond and could be found in contempt for
1
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FILED: KINGS COUNTY CLERK 05/13/2021 04:46 PM INDEX NO. 510798/2018
NYSCEF DOC. NO. 221 RECEIVED NYSCEF: 05/13/2021
not responding, he advised me that he wanted to speak with his client, who we understand to be
Defendant Eastern Fruit & Vegetables, Inc. before he responds to the subpoena. When I asked
Mr. Huque when I could expect a response, he put a woman on the phone to speak with me. The
woman advised me that her name is Falak Haque.1
6. I explained to Ms. Haque that we have a deadline to complete discovery in this case
and, as such, needed a response to the Subpoena as soon as possible. I asked when she would be
able to get us a response to the subpoena. She said she was not certain, but that she would try to
schedule a meeting between Mr. Huque and Defendant Eastern Fruit & Vegetables, Inc. on Friday
May 14, 2021 to discuss the Subpoena, and that she would attempt to provide responsive
documents during the week of May 17, 2021. During this conversation, I provided her with my
email address so that she could email me the documents requested in the Subpoena.
7. I explained to Ms. Haque that, if we wait to see if they respond and they do not
respond, we might not have enough time to file a motion regarding that failure. As a result, I
explained to Ms. Haque that what we would do is to file this motion and if she or Mr. Huque are
able to provide us with the responses before this motion is decided, we would withdraw the motion.
She agreed that would be sufficient.
8. In light of the above, it is clear that the undersigned has made good faith efforts to
resolve these issues without the need for motion practice, but these efforts have been unsuccessful.
9. It is, therefore, respectfully requested that, for the reasons discussed in the
accompanying papers, this Court grant the within motion, together with such other and further
relief as to this Court may seem just, proper and equitable.
1
It was not clear from the conversation whether Mr. Huque may also be known as Mr. Haque.
2
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FILED: KINGS COUNTY CLERK 05/13/2021 04:46 PM INDEX NO. 510798/2018
NYSCEF DOC. NO. 221 RECEIVED NYSCEF: 05/13/2021
Dated: White Plains, New York
May 13, 2021
Keidel, Weldon & Cunningham, LLP
By: ________________________________
Debra M. Krebs, Esq.
Attorneys for Plaintiff
Atlantic Casualty Insurance Co.
925 Westchester Avenue, Suite 400
White Plains, New York 10604
Tel: (914) 948-7000
Fax: (914) 948-7010
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FILED: KINGS COUNTY CLERK 05/13/2021 04:46 PM INDEX NO. 510798/2018
NYSCEF DOC. NO. 221 RECEIVED NYSCEF: 05/13/2021
WORD COUNT CERTIFICATION
I hereby certify pursuant to 22 NYCRR 202.8-b that the total number of words in the
foregoing Good Faith Affirmation in Support of Motion, inclusive of point headings and footnotes
and exclusive of caption, signature blocks, and pages containing the table of contents, table of
citations and this Statement is 600, which is in compliance with NYCRR 202.8-b.
Dated: White Plains, New York
May 13, 2021
KEIDEL, WELDON & CUNNINGHAM, LLP
By: ________________________________
Debra M. Krebs, Esq.
Attorneys for Plaintiff
Atlantic Casualty Insurance Co.
925 Westchester Avenue, Suite 400
White Plains, New York 10604
Tel: (914) 948-7000
Fax: (914) 948-7010
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Preview
FILED: KINGS COUNTY CLERK 05/13/2021 04:46 PM INDEX NO. 510798/2018 NYSCEF DOC. NO. 221 RECEIVED NYSCEF: 05/13/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ATLANTIC CASUALTY INSURANCE COMPANY, Index No.: 510798/2018 Plaintiff, v. GOOD FAITH AFFIRMATION IN SUPPORT OF MOTION EASTERN FRUIT & VEGETABLES INC. Defendant. DEBRA M. KREBS, ESQ., an attorney duly admitted to practice law in the Courts of the State of New York, and a partner in the law firm Keidel, Weldon & Cunningham, LLP, counsel for Plaintiff, Atlantic Casualty Insurance Company (“Atlantic Casualty”), hereby affirms the following under penalties of perjury: 1. I submit this affirmation pursuant to NYCRR 202.7(c) to demonstrate the good faith attempts that we have made to secure a response from non-party Anwarul Huque (aka Anwarul Haque) (hereinafter “Haque”) to Plaintiff’s subpoena duces tecum which was returnable on May 12, 2021 (the “Subpoena”). 2. On April 20, 2021, the undersigned issued a Subpoena Ducesm Tecum to non-party Anwarul Huque, who is the accountant for Defendant Eastern Fruit & Vegetables Inc. A copy of the Subpoena is attached to the accompanying Attorney Affirmation as Exhibit “1”. 3. The Subpoena was served on Mr. Huque on April 22, 2021. A copy of the Affidavit of Service of the Subpoena is attached to the accompanying Attorney Affirmation as Exhibit “2”. 4. I did not hear from Mr. Huque in response to the subpoena. 5. On May 12, 2021, I telephoned Mr. Huque, who confirmed that he had received the Subpoena and that he knew a response was due. In initially told me that he was too busy to respond. When I advised him that he was required to respond and could be found in contempt for 1 1 of 4 FILED: KINGS COUNTY CLERK 05/13/2021 04:46 PM INDEX NO. 510798/2018 NYSCEF DOC. NO. 221 RECEIVED NYSCEF: 05/13/2021 not responding, he advised me that he wanted to speak with his client, who we understand to be Defendant Eastern Fruit & Vegetables, Inc. before he responds to the subpoena. When I asked Mr. Huque when I could expect a response, he put a woman on the phone to speak with me. The woman advised me that her name is Falak Haque.1 6. I explained to Ms. Haque that we have a deadline to complete discovery in this case and, as such, needed a response to the Subpoena as soon as possible. I asked when she would be able to get us a response to the subpoena. She said she was not certain, but that she would try to schedule a meeting between Mr. Huque and Defendant Eastern Fruit & Vegetables, Inc. on Friday May 14, 2021 to discuss the Subpoena, and that she would attempt to provide responsive documents during the week of May 17, 2021. During this conversation, I provided her with my email address so that she could email me the documents requested in the Subpoena. 7. I explained to Ms. Haque that, if we wait to see if they respond and they do not respond, we might not have enough time to file a motion regarding that failure. As a result, I explained to Ms. Haque that what we would do is to file this motion and if she or Mr. Huque are able to provide us with the responses before this motion is decided, we would withdraw the motion. She agreed that would be sufficient. 8. In light of the above, it is clear that the undersigned has made good faith efforts to resolve these issues without the need for motion practice, but these efforts have been unsuccessful. 9. It is, therefore, respectfully requested that, for the reasons discussed in the accompanying papers, this Court grant the within motion, together with such other and further relief as to this Court may seem just, proper and equitable. 1 It was not clear from the conversation whether Mr. Huque may also be known as Mr. Haque. 2 2 of 4 FILED: KINGS COUNTY CLERK 05/13/2021 04:46 PM INDEX NO. 510798/2018 NYSCEF DOC. NO. 221 RECEIVED NYSCEF: 05/13/2021 Dated: White Plains, New York May 13, 2021 Keidel, Weldon & Cunningham, LLP By: ________________________________ Debra M. Krebs, Esq. Attorneys for Plaintiff Atlantic Casualty Insurance Co. 925 Westchester Avenue, Suite 400 White Plains, New York 10604 Tel: (914) 948-7000 Fax: (914) 948-7010 3 3 of 4 FILED: KINGS COUNTY CLERK 05/13/2021 04:46 PM INDEX NO. 510798/2018 NYSCEF DOC. NO. 221 RECEIVED NYSCEF: 05/13/2021 WORD COUNT CERTIFICATION I hereby certify pursuant to 22 NYCRR 202.8-b that the total number of words in the foregoing Good Faith Affirmation in Support of Motion, inclusive of point headings and footnotes and exclusive of caption, signature blocks, and pages containing the table of contents, table of citations and this Statement is 600, which is in compliance with NYCRR 202.8-b. Dated: White Plains, New York May 13, 2021 KEIDEL, WELDON & CUNNINGHAM, LLP By: ________________________________ Debra M. Krebs, Esq. Attorneys for Plaintiff Atlantic Casualty Insurance Co. 925 Westchester Avenue, Suite 400 White Plains, New York 10604 Tel: (914) 948-7000 Fax: (914) 948-7010 4 4 of 4