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 06/29/2018
06/14/2021 02:28
10:56 PM
AM INDEX NO. 510798/2018
NYSCEF DOC. NO. 3
241 RECEIVED NYSCEF: 06/29/2018
06/14/2021
Supreme Court of the State of New York
COUNTY OF KINGS
------------------------------------------------------------- X Index No. 510798/2018
Atlantic Casualty Insurance Company, :
:
Plaintiff, :
: VERIFIED ANSWER
- against - :
Eastern Fruit & Vegetables, Inc., :
Defendant. :
------------------------------------------------------------- X
Defendant Eastern Fruit & Vegetables, Inc., by its attorney L. Blake Morris, as
and for itsanswer to the complaint of Plaintiff alleges the following:
1. Denies each and every allegation in paragraphs 1, 3, 4, 5, 7, 8, 9, 10, 12, 13, 14,
16, 18, and 20.
2. Denies knowledge or information sufficient to form a belief as to the truth or
falsity of the allegations contained in paragraphs 15 and 19.
3. With respect to paragraphs 6, 11, and 17 of the complaint, defendant repeats,
reiterates and realleges each and every response herein to each and every of the
allegations repeated therein.
FIRST AFFIRMATIVE DEFENSE
4. Plaintiff failed to name necessary party Auto-Owners Insurance Group.
SECOND AFFIRMATIVE DEFENSE
5. Plaintiff is not licensed by the New York State Department of Finance to issue
insurance policies in the State of New York, and failed to allege any other licensure or
authority in any other jurisdiction.
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FILED: KINGS COUNTY CLERK 06/29/2018
06/14/2021 02:28
10:56 PM
AM INDEX NO. 510798/2018
NYSCEF DOC. NO. 3
241 RECEIVED NYSCEF: 06/29/2018
06/14/2021
THIRD AFFIRMATIVE DEFENSE
6. Plaintiff failed to make available adequate audit standards, rate classification, and
rate structure as would be provided by a New York State licensed insurer.
FOURTH AFFIRMATIVE DEFENSE
7. Plaintiff fails to allege state of incorporation or other organization, and principal
place of business.
FIFTH AFFIRMATIVE DEFENSE
8. Failure to state a cause of action in which relief may be granted.
SIXTH AFFIRMATIVE DEFENSE
9. Incapacity to commence and maintain this action.
SEVENTH AFFIRMATIVE DEFENSE
10. The Plaintiff is estopped from asserting this action under the rules and principles
of equity.
FIRST COUNTERCLAIM
11. Defendants request reasonable attorneys fees in defending this action.
2
2 of 4
FILED: KINGS COUNTY CLERK 06/29/2018
06/14/2021 02:28
10:56 PM
AM INDEX NO. 510798/2018
NYSCEF DOC. NO. 3
241 RECEIVED NYSCEF: 06/29/2018
06/14/2021
WHEREFORE, Defendant demand judgment dismissing plaintiffs complaint
with reasonable attorney fees awarded in favor of the Defendant, together with the costs
and disbursements of this action and for such other and further relief as to this court may
seem just and proper.
Dated: Brooklyn, New York
June 29, 2018
L. Blake Morris, Esq.
Attorney for Defendant
Office and Post Office Address
1214 Cortelyou Rd.
Brooklyn, NY 11218-5404
Tel. # (718) 826-8401
Attorneys for Plaintiff:
Joseph M. Shur, Esq.
Relin, Goldstein & Crane, LLP
28 E. Main St.
Suite #1800
Rochester, NY 14614
Tel. # (585) 325-6202
3
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FILED: KINGS COUNTY CLERK 06/29/2018
06/14/2021 02:28
10:56 PM
AM INDEX NO. 510798/2018
NYSCEF DOC. NO. 3
241 RECEIVED NYSCEF: 06/29/2018
06/14/2021
Corporate Verification
State of New York )
County of Kings ) ss.:
Asif Jhangir, being duly sworn, deposes and says:
I am the president of the in this instant action which is a corporation created
under and by virtue of the laws of the State of New York; that I have read the foregoing
Answer and know the contents thereof; that the same is true to my personal knowledge
except as to the matters therein stated to be alleged upon information and belief, and that
as to those matters I believe them to be true.
___________ _ --_--_-________ __
Asif Jhangir
Sworn to before me this 2 day of1une, 2018
NATHAN1EL J.COSTA
State of New York
Notary Public,
No. 01C06292676
Oualified inKings Cou
Commission Expires 11/04/spy p(
4 of 4
Document Filed Date
June 14, 2021
Case Filing Date
May 24, 2018
Category
Commercial - Contract
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Preview
FILED: KINGS COUNTY CLERK 06/29/2018 06/14/2021 02:28 10:56 PM AM INDEX NO. 510798/2018 NYSCEF DOC. NO. 3 241 RECEIVED NYSCEF: 06/29/2018 06/14/2021 Supreme Court of the State of New York COUNTY OF KINGS ------------------------------------------------------------- X Index No. 510798/2018 Atlantic Casualty Insurance Company, : : Plaintiff, : : VERIFIED ANSWER - against - : Eastern Fruit & Vegetables, Inc., : Defendant. : ------------------------------------------------------------- X Defendant Eastern Fruit & Vegetables, Inc., by its attorney L. Blake Morris, as and for itsanswer to the complaint of Plaintiff alleges the following: 1. Denies each and every allegation in paragraphs 1, 3, 4, 5, 7, 8, 9, 10, 12, 13, 14, 16, 18, and 20. 2. Denies knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in paragraphs 15 and 19. 3. With respect to paragraphs 6, 11, and 17 of the complaint, defendant repeats, reiterates and realleges each and every response herein to each and every of the allegations repeated therein. FIRST AFFIRMATIVE DEFENSE 4. Plaintiff failed to name necessary party Auto-Owners Insurance Group. SECOND AFFIRMATIVE DEFENSE 5. Plaintiff is not licensed by the New York State Department of Finance to issue insurance policies in the State of New York, and failed to allege any other licensure or authority in any other jurisdiction. 1 of 4 FILED: KINGS COUNTY CLERK 06/29/2018 06/14/2021 02:28 10:56 PM AM INDEX NO. 510798/2018 NYSCEF DOC. NO. 3 241 RECEIVED NYSCEF: 06/29/2018 06/14/2021 THIRD AFFIRMATIVE DEFENSE 6. Plaintiff failed to make available adequate audit standards, rate classification, and rate structure as would be provided by a New York State licensed insurer. FOURTH AFFIRMATIVE DEFENSE 7. Plaintiff fails to allege state of incorporation or other organization, and principal place of business. FIFTH AFFIRMATIVE DEFENSE 8. Failure to state a cause of action in which relief may be granted. SIXTH AFFIRMATIVE DEFENSE 9. Incapacity to commence and maintain this action. SEVENTH AFFIRMATIVE DEFENSE 10. The Plaintiff is estopped from asserting this action under the rules and principles of equity. FIRST COUNTERCLAIM 11. Defendants request reasonable attorneys fees in defending this action. 2 2 of 4 FILED: KINGS COUNTY CLERK 06/29/2018 06/14/2021 02:28 10:56 PM AM INDEX NO. 510798/2018 NYSCEF DOC. NO. 3 241 RECEIVED NYSCEF: 06/29/2018 06/14/2021 WHEREFORE, Defendant demand judgment dismissing plaintiffs complaint with reasonable attorney fees awarded in favor of the Defendant, together with the costs and disbursements of this action and for such other and further relief as to this court may seem just and proper. Dated: Brooklyn, New York June 29, 2018 L. Blake Morris, Esq. Attorney for Defendant Office and Post Office Address 1214 Cortelyou Rd. Brooklyn, NY 11218-5404 Tel. # (718) 826-8401 Attorneys for Plaintiff: Joseph M. Shur, Esq. Relin, Goldstein & Crane, LLP 28 E. Main St. Suite #1800 Rochester, NY 14614 Tel. # (585) 325-6202 3 3 of 4 FILED: KINGS COUNTY CLERK 06/29/2018 06/14/2021 02:28 10:56 PM AM INDEX NO. 510798/2018 NYSCEF DOC. NO. 3 241 RECEIVED NYSCEF: 06/29/2018 06/14/2021 Corporate Verification State of New York ) County of Kings ) ss.: Asif Jhangir, being duly sworn, deposes and says: I am the president of the in this instant action which is a corporation created under and by virtue of the laws of the State of New York; that I have read the foregoing Answer and know the contents thereof; that the same is true to my personal knowledge except as to the matters therein stated to be alleged upon information and belief, and that as to those matters I believe them to be true. ___________ _ --_--_-________ __ Asif Jhangir Sworn to before me this 2 day of1une, 2018 NATHAN1EL J.COSTA State of New York Notary Public, No. 01C06292676 Oualified inKings Cou Commission Expires 11/04/spy p( 4 of 4