On May 24, 2018 a commercial - contract case was filed
by
Atlantic Casualty Insurance Company,
represented by
Krebs, Debra M,
Lewis, Robert W, and
Shur, Joseph M,
against
Eastern Fruit & Vegetables Inc.,
represented by
Morris, Lawrence B,
in the jurisdiction of Kings County.
Judge Landicino presiding.
Preview
INDEX NO. 510798/2018
NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 06/89/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
ATLANTIC CASUALTY INSURANCE
COMPANY,
Index No.: 510798/2018
Plaintiff,
v.
EASTERN FRUIT & VEGETABLES INC.
Defendant.
MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANT’S
MOTION TO COMPEL
1 of 29INDEX NO. 510798/2018
NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 06/89/2021
TABLE OF CONTENTS
TABLE OF AUTHORITIES ........c.cccecesessesesseseseesesesseseseessecseesssessassesesseseeasseseeaesseaeseseeeseeneeesneeess iii
PRELIMINARY STATEMENT ..........ccccsessssesesesesssseseeseseeseseseeassesssseseeassessesesseassesesessessseseeseeeeneee 1
ARGUMENT
POINT I: DEFENDANT FAILS TO DEMONSTRATE ANY GOOD FAITH
EFFORTS TO RESOLVE ITS DISCOVERY DISPUTE PRIOR TO
FILING THIS MOTION ..0....scececeeseesesessessesseeseesessessessesecseesesseesesseeneesessesneanssesseas 3
POINT II: DEFENDANT WAIVED ITS RIGHT TO ENFORCE ANY SUBPOENA
WHEN THE NOTE OF ISSUE WAS FILED oi eceeceecesteseseesse…
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