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FILED: KINGS COUNTY CLERK 06/29/2021 03:52 PM INDEX NO. 510798/2018
NYSCEF DOC. NO. 286 RECEIVED NYSCEF: 06/29/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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Atlantic Casualty Insurance Company, Index No. 510798/2018
Plaintiff,
NON-PARTY HULL & CO. OF
-against- NY, INC.’S RESPONSES AND
OBJECTIONS TO
Eastern Fruit & Vegetables, Inc., DEFENDANT’S SUBPOENA
Defendant.
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Non-party Hull & Co. of NY, Inc. (hereinafter “Hull & Co.”), by and through its
attorneys, Duane Morris LLP, hereby objects and responds to defendant Eastern Fruit &
Vegetables, Inc.’s (hereinafter “Defendant”) Subpoena dated March 19, 2021 (the “Subpoena”)
upon the following grounds:
GENERAL OBJECTIONS AND RESERVATIONS OF RIGHTS
1. Defendant has failed to obtain jurisdiction over Hull & Co. because
Defendant did not effect proper service upon Hull & Co. in accordance with CPLR 2303 and
CPLR 308 and the Subpoena is accordingly unenforceable.
2. The Subpoena is jurisdictionally defective insofar as it is directed to a
party located in Florida and outside of the jurisdiction of the New York Court, rendering the
Subpoena unenforceable.
3. The Subpoena is facially deficient insofar as it does not purport to describe
the relevancy of the documents requested, as required by CPLR 3101(a)(4), rendering the
Subpoena unenforceable.
4. For the reasons set forth in General Objections one through three supra the
Subpoena is unenforceable and a nullity. However even if Defendant had obtained jurisdiction
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FILED: KINGS COUNTY CLERK 06/29/2021 03:52 PM INDEX NO. 510798/2018
NYSCEF DOC. NO. 286 RECEIVED NYSCEF: 06/29/2021
over Hull & Co. and the Subpoena complied with the CPLR, which is not the case, the Subpoena
would still be objectionable on the grounds set forth below.
5. Hull & Co. objects to the Subpoena to the extent it seeks documents which
are neither relevant nor reasonably calculated to lead to the discovery of admissible evidence in
this matter.
6. Hull & Co. objects to the Subpoena to the extent it seeks discovery of
proprietary, commercial or confidential information that is not generally available to the public.
Subject to all of Hull & Co.’s other objections, Hull & Co. objects to any production of
documents which is not subject to an appropriate protective order or confidentiality agreement.
7. Hull & Co. objects to the Subpoena to the extent it seeks documents that
are available to a party to the action.
8. Hull & Co. objects to the Subpoena to the extent it seeks to impose
obligations beyond those permitted by the CPLR.
9. Hull & Co. objects to the Subpoena to the extent it purports to request
Hull & Co. to produce documents outside of Hull & Co.’s custody, possession or control,
including documents in the possession of corporate affiliates of Hull & Co.. Hull & Co. will
only produce documents within its own custody, possession or control, not those of any
corporate affiliate.
10. Hull & Co. objects to the Subpoena to the extent it seeks documents or
information protected by the attorney-client privilege, work product doctrine, or other applicable
privilege, immunity or doctrine. Any inadvertent production of a document subject to such
privileges, protections, or doctrines is not intended to be, nor shall be construed as, a waiver of
such privileges, protections, or doctrines. Nothing contained in these responses is intended as,
nor shall in any way be deemed to be, a waiver of attorney-client privilege, work product
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NYSCEF DOC. NO. 286 RECEIVED NYSCEF: 06/29/2021
doctrine, or any other applicable privilege or doctrine. Hull & Co. will not undertake to provide
information which is privileged or otherwise protected from discovery by law.
11. Hull & Co. objects to the Subpoena to the extent it requires Hull & Co. to
retrieve electronic materials in a manner that would be unduly burdensome, costly, or oppressive
and reserves all rights with respect thereto.
12. Hull & Co. objects to the Subpoena to the extent it is not limited to a
reasonable temporal scope.
13. Hull & Co. objects to the Subpoena to the extent it seeks the production of
documents to the present or any period not relevant to the suit.
14. Hull & Co. makes these responses on the basis of the information and
documents presently available to it. Hull & Co. reserves the right to provide additional or
different information or documents at any time.
15. To the extent Hull & Co. reaches agreement with Defendant on a narrower
scope of production, all costs incurred by Hull & Co. in identifying and producing records
responsive to the subpoena should be borne by Defendant, inclusive of attorney review time and
production costs,
16. These General Objections are incorporated by reference into each
response provided below, and the inclusion of any specific objections is neither intended as, nor
shall in any way be deemed to be, a waiver of any General Objection. In addition, the failure to
include at this time any general or specific objection to a Request is neither intended as, nor shall
in any way be deemed to be, a waiver of Hull & Co.’s right to assert that or any other objection
at a later date.
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NYSCEF DOC. NO. 286 RECEIVED NYSCEF: 06/29/2021
SPECIFIC RESPONSES AND OBJECTIONS
Without waiving or limiting, in any manner, any of the foregoing General
Objections, but rather incorporating them by reference into each of the Responses set forth
below, Hull & Co. responds as follows:
Request No. 1:
The asset sale from Morstan General Agency, Inc. to Hull & Co. of NY, Inc.
Response to Request No. 1:
Hull & Co. objects to this request on the grounds that the request does not seek
documents which are material and necessary to the lawsuit and it is not reasonably calculated to
lead to the discovery of relevant evidence, that the request seeks confidential and proprietary
information and is otherwise vague, ambiguous and overbroad (and improperly asserts facts).
Request No. 2:
All the contracts between Hull & Co. of NY, Inc. and Atlantic Casualty Insurance
Company relating to business conducted in New York State for the years 2016, 2017, and 2018.
Response to Request No. 2:
Hull & Co. objects to this request on the grounds that the request does not seek
documents which are material and necessary to the lawsuit and it is not reasonably calculated to
lead to the discovery of relevant evidence, that the request seeks confidential and proprietary
information, that the requested records would be in the custody, possession or control of a party
to the case and the request is otherwise vague, ambiguous, overbroad and unduly burdensome.
Request No. 3:
All other evidences and writings, which you have in your custody or power,
concerning the above referenced case.
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NYSCEF DOC. NO. 286 RECEIVED NYSCEF: 06/29/2021
Response to Request No. 3:
Hull & Co. objects to this request on the grounds that the request does not seek
documents which are material and necessary to the lawsuit and it is vague, ambiguous,
overbroad, unduly burdensome and not reasonably calculated to lead to the discovery of
admissible evidence.
Dated: New York, New York
April 14, 2021
DUANE MORRIS LLP
By:______________________
Thomas J. Cahill
230 Park Avenue
New York, New York 10169
(212) 818-9200
Attorneys for Non-Party Hull & Co. of NY, Inc.
TO: L. Blake Morris
1214 Cortelyou Road
Brooklyn, New York 11218-5404
(718) 826-8401
Attorney for Defendant Atlantic Casualty Insurance Company
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Preview
FILED: KINGS COUNTY CLERK 06/29/2021 03:52 PM INDEX NO. 510798/2018 NYSCEF DOC. NO. 286 RECEIVED NYSCEF: 06/29/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------------------------------------------------------------------- X Atlantic Casualty Insurance Company, Index No. 510798/2018 Plaintiff, NON-PARTY HULL & CO. OF -against- NY, INC.’S RESPONSES AND OBJECTIONS TO Eastern Fruit & Vegetables, Inc., DEFENDANT’S SUBPOENA Defendant. ------------------------------------------------------------------- X Non-party Hull & Co. of NY, Inc. (hereinafter “Hull & Co.”), by and through its attorneys, Duane Morris LLP, hereby objects and responds to defendant Eastern Fruit & Vegetables, Inc.’s (hereinafter “Defendant”) Subpoena dated March 19, 2021 (the “Subpoena”) upon the following grounds: GENERAL OBJECTIONS AND RESERVATIONS OF RIGHTS 1. Defendant has failed to obtain jurisdiction over Hull & Co. because Defendant did not effect proper service upon Hull & Co. in accordance with CPLR 2303 and CPLR 308 and the Subpoena is accordingly unenforceable. 2. The Subpoena is jurisdictionally defective insofar as it is directed to a party located in Florida and outside of the jurisdiction of the New York Court, rendering the Subpoena unenforceable. 3. The Subpoena is facially deficient insofar as it does not purport to describe the relevancy of the documents requested, as required by CPLR 3101(a)(4), rendering the Subpoena unenforceable. 4. For the reasons set forth in General Objections one through three supra the Subpoena is unenforceable and a nullity. However even if Defendant had obtained jurisdiction DM1\11958220.2 FILED: KINGS COUNTY CLERK 06/29/2021 03:52 PM INDEX NO. 510798/2018 NYSCEF DOC. NO. 286 RECEIVED NYSCEF: 06/29/2021 over Hull & Co. and the Subpoena complied with the CPLR, which is not the case, the Subpoena would still be objectionable on the grounds set forth below. 5. Hull & Co. objects to the Subpoena to the extent it seeks documents which are neither relevant nor reasonably calculated to lead to the discovery of admissible evidence in this matter. 6. Hull & Co. objects to the Subpoena to the extent it seeks discovery of proprietary, commercial or confidential information that is not generally available to the public. Subject to all of Hull & Co.’s other objections, Hull & Co. objects to any production of documents which is not subject to an appropriate protective order or confidentiality agreement. 7. Hull & Co. objects to the Subpoena to the extent it seeks documents that are available to a party to the action. 8. Hull & Co. objects to the Subpoena to the extent it seeks to impose obligations beyond those permitted by the CPLR. 9. Hull & Co. objects to the Subpoena to the extent it purports to request Hull & Co. to produce documents outside of Hull & Co.’s custody, possession or control, including documents in the possession of corporate affiliates of Hull & Co.. Hull & Co. will only produce documents within its own custody, possession or control, not those of any corporate affiliate. 10. Hull & Co. objects to the Subpoena to the extent it seeks documents or information protected by the attorney-client privilege, work product doctrine, or other applicable privilege, immunity or doctrine. Any inadvertent production of a document subject to such privileges, protections, or doctrines is not intended to be, nor shall be construed as, a waiver of such privileges, protections, or doctrines. Nothing contained in these responses is intended as, nor shall in any way be deemed to be, a waiver of attorney-client privilege, work product DM1\11958220.2 2 FILED: KINGS COUNTY CLERK 06/29/2021 03:52 PM INDEX NO. 510798/2018 NYSCEF DOC. NO. 286 RECEIVED NYSCEF: 06/29/2021 doctrine, or any other applicable privilege or doctrine. Hull & Co. will not undertake to provide information which is privileged or otherwise protected from discovery by law. 11. Hull & Co. objects to the Subpoena to the extent it requires Hull & Co. to retrieve electronic materials in a manner that would be unduly burdensome, costly, or oppressive and reserves all rights with respect thereto. 12. Hull & Co. objects to the Subpoena to the extent it is not limited to a reasonable temporal scope. 13. Hull & Co. objects to the Subpoena to the extent it seeks the production of documents to the present or any period not relevant to the suit. 14. Hull & Co. makes these responses on the basis of the information and documents presently available to it. Hull & Co. reserves the right to provide additional or different information or documents at any time. 15. To the extent Hull & Co. reaches agreement with Defendant on a narrower scope of production, all costs incurred by Hull & Co. in identifying and producing records responsive to the subpoena should be borne by Defendant, inclusive of attorney review time and production costs, 16. These General Objections are incorporated by reference into each response provided below, and the inclusion of any specific objections is neither intended as, nor shall in any way be deemed to be, a waiver of any General Objection. In addition, the failure to include at this time any general or specific objection to a Request is neither intended as, nor shall in any way be deemed to be, a waiver of Hull & Co.’s right to assert that or any other objection at a later date. DM1\11958220.2 3 FILED: KINGS COUNTY CLERK 06/29/2021 03:52 PM INDEX NO. 510798/2018 NYSCEF DOC. NO. 286 RECEIVED NYSCEF: 06/29/2021 SPECIFIC RESPONSES AND OBJECTIONS Without waiving or limiting, in any manner, any of the foregoing General Objections, but rather incorporating them by reference into each of the Responses set forth below, Hull & Co. responds as follows: Request No. 1: The asset sale from Morstan General Agency, Inc. to Hull & Co. of NY, Inc. Response to Request No. 1: Hull & Co. objects to this request on the grounds that the request does not seek documents which are material and necessary to the lawsuit and it is not reasonably calculated to lead to the discovery of relevant evidence, that the request seeks confidential and proprietary information and is otherwise vague, ambiguous and overbroad (and improperly asserts facts). Request No. 2: All the contracts between Hull & Co. of NY, Inc. and Atlantic Casualty Insurance Company relating to business conducted in New York State for the years 2016, 2017, and 2018. Response to Request No. 2: Hull & Co. objects to this request on the grounds that the request does not seek documents which are material and necessary to the lawsuit and it is not reasonably calculated to lead to the discovery of relevant evidence, that the request seeks confidential and proprietary information, that the requested records would be in the custody, possession or control of a party to the case and the request is otherwise vague, ambiguous, overbroad and unduly burdensome. Request No. 3: All other evidences and writings, which you have in your custody or power, concerning the above referenced case. DM1\11958220.2 4 FILED: KINGS COUNTY CLERK 06/29/2021 03:52 PM INDEX NO. 510798/2018 NYSCEF DOC. NO. 286 RECEIVED NYSCEF: 06/29/2021 Response to Request No. 3: Hull & Co. objects to this request on the grounds that the request does not seek documents which are material and necessary to the lawsuit and it is vague, ambiguous, overbroad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. Dated: New York, New York April 14, 2021 DUANE MORRIS LLP By:______________________ Thomas J. Cahill 230 Park Avenue New York, New York 10169 (212) 818-9200 Attorneys for Non-Party Hull & Co. of NY, Inc. TO: L. Blake Morris 1214 Cortelyou Road Brooklyn, New York 11218-5404 (718) 826-8401 Attorney for Defendant Atlantic Casualty Insurance Company DM1\11958220.2 5