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 05/13/2021 04:46 PM INDEX NO. 510798/2018
NYSCEF DOC. NO. 223 RECEIVED NYSCEF: 05/13/2021
EXHIBIT 1
FILED: KINGS COUNTY CLERK 05/13/2021 04:46 PM INDEX NO. 510798/2018
NYSCEF DOC. NO. 223 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. SUBPOENA DUCES TECUM
EASTERN FRUIT & VEGETABLES INC.
Defendant.
THE PEOPLE OF THE STATE OF NEW YORK
TO: Anwarul Huque
237 Parkville Avenue
Brooklyn, New York 11230
WE COMMAND YOU, that all business and excuses being laid aside, you and each of
you produce, all items listed in the attached Schedule “A”, to the offices of Keidel, Weldon &
Cunningham, LLP, 925 Westchester Avenue, Suite 400, White Plains, New York 10604, on the
May 12, 2021 at 10:00 a.m. of that day, or at any recessed or adjourned date.
This lawsuit seeks recovery of unpaid premiums owed by defendant Eastern Fruit &
Vegetables Inc. as a result of a premium audit. The requested items are necessary to establish facts
relevant to the prosecution of this case, including, but not limited to, calculation of the audited
premiums for the insurance policies at issue.
Failure to comply with this subpoena is punishable as a contempt of Court and shall make
you liable to the person on whose behalf this subpoena was issued for a penalty not to exceed fifty
dollars ($50) and all damages sustained by reason of your failure to comply.
UPON RECEIPT OF THIS SUBPOENA PLEASE CALL DEBRA M. KREBS AT
(914) 948-7000 TO CONFIRM YOUR PRODUCTION OF THESE DOCUMENTS.
1
FILED: KINGS COUNTY CLERK 05/13/2021 04:46 PM INDEX NO. 510798/2018
NYSCEF DOC. NO. 223 RECEIVED NYSCEF: 05/13/2021
Dated: White Plains, NY
April 20, 2021
KEIDEL, WELDON & CUNNINGHAM, LLP
By: ____________________________________
Debra M. Krebs
Attorneys for Plaintiff
Atlantic Casualty Insurance Company
925 Westchester Avenue, Suite 400
White Plains, NY 10604
Tel.: (914) 948-7000
(201) 490-7706
Fax: (914) 948-7010
Email: dkrebs@kwcllp.com
2
FILED: KINGS COUNTY CLERK 05/13/2021 04:46 PM INDEX NO. 510798/2018
NYSCEF DOC. NO. 223 RECEIVED NYSCEF: 05/13/2021
SCHEDULE “A”
DEFINITIONS AND GENERAL INSTRUCTIONS
1. All emails that had attachments must be produced with the attachment affixed to
the email.
2. When information or documents are requested, such request includes all
information or documents in the possession, custody, control or knowledge of your representatives,
agents, servants or attorneys.
3. If any item of this subpoena calls for the production of a document that has been
destroyed, discarded, misplaced or is no longer in your possession, custody or control, then please
identify such document and when and why it was destroyed.
4. If any item of this subpoena calls for the production of a document that is claimed
to be privileged or protected from disclosure, please provide a privilege log of documents being
withheld inclusive of the date, description and basis for privilege being claimed.
REQUESTED DOCUMENTS
1. Copies of Eastern Fruit’s corporate tax filings for the 2016 and 2017 fiscal years.
2. Copies of Eastern Fruit’s quarterly payroll returns for the 2016 and 2017 fiscal
years.
3. Copies of Eastern Fruit’s gross receipts for the 2016 and 2017 fiscal years.
3
Document Filed Date
May 13, 2021
Case Filing Date
May 24, 2018
Category
Commercial - Contract
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FILED: KINGS COUNTY CLERK 05/13/2021 04:46 PM INDEX NO. 510798/2018 NYSCEF DOC. NO. 223 RECEIVED NYSCEF: 05/13/2021 EXHIBIT 1 FILED: KINGS COUNTY CLERK 05/13/2021 04:46 PM INDEX NO. 510798/2018 NYSCEF DOC. NO. 223 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. SUBPOENA DUCES TECUM EASTERN FRUIT & VEGETABLES INC. Defendant. THE PEOPLE OF THE STATE OF NEW YORK TO: Anwarul Huque 237 Parkville Avenue Brooklyn, New York 11230 WE COMMAND YOU, that all business and excuses being laid aside, you and each of you produce, all items listed in the attached Schedule “A”, to the offices of Keidel, Weldon & Cunningham, LLP, 925 Westchester Avenue, Suite 400, White Plains, New York 10604, on the May 12, 2021 at 10:00 a.m. of that day, or at any recessed or adjourned date. This lawsuit seeks recovery of unpaid premiums owed by defendant Eastern Fruit & Vegetables Inc. as a result of a premium audit. The requested items are necessary to establish facts relevant to the prosecution of this case, including, but not limited to, calculation of the audited premiums for the insurance policies at issue. Failure to comply with this subpoena is punishable as a contempt of Court and shall make you liable to the person on whose behalf this subpoena was issued for a penalty not to exceed fifty dollars ($50) and all damages sustained by reason of your failure to comply. UPON RECEIPT OF THIS SUBPOENA PLEASE CALL DEBRA M. KREBS AT (914) 948-7000 TO CONFIRM YOUR PRODUCTION OF THESE DOCUMENTS. 1 FILED: KINGS COUNTY CLERK 05/13/2021 04:46 PM INDEX NO. 510798/2018 NYSCEF DOC. NO. 223 RECEIVED NYSCEF: 05/13/2021 Dated: White Plains, NY April 20, 2021 KEIDEL, WELDON & CUNNINGHAM, LLP By: ____________________________________ Debra M. Krebs Attorneys for Plaintiff Atlantic Casualty Insurance Company 925 Westchester Avenue, Suite 400 White Plains, NY 10604 Tel.: (914) 948-7000 (201) 490-7706 Fax: (914) 948-7010 Email: dkrebs@kwcllp.com 2 FILED: KINGS COUNTY CLERK 05/13/2021 04:46 PM INDEX NO. 510798/2018 NYSCEF DOC. NO. 223 RECEIVED NYSCEF: 05/13/2021 SCHEDULE “A” DEFINITIONS AND GENERAL INSTRUCTIONS 1. All emails that had attachments must be produced with the attachment affixed to the email. 2. When information or documents are requested, such request includes all information or documents in the possession, custody, control or knowledge of your representatives, agents, servants or attorneys. 3. If any item of this subpoena calls for the production of a document that has been destroyed, discarded, misplaced or is no longer in your possession, custody or control, then please identify such document and when and why it was destroyed. 4. If any item of this subpoena calls for the production of a document that is claimed to be privileged or protected from disclosure, please provide a privilege log of documents being withheld inclusive of the date, description and basis for privilege being claimed. REQUESTED DOCUMENTS 1. Copies of Eastern Fruit’s corporate tax filings for the 2016 and 2017 fiscal years. 2. Copies of Eastern Fruit’s quarterly payroll returns for the 2016 and 2017 fiscal years. 3. Copies of Eastern Fruit’s gross receipts for the 2016 and 2017 fiscal years. 3