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 06/30/2021
08/05/2021 04:28
04:36 PM INDEX NO. 510798/2018
NYSCEF DOC. NO. 302
315 RECEIVED NYSCEF: 06/30/2021
08/05/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------------- ¬--------------- X
: Index No. 510798/2018
Atlantic Casualty Insurance Company,
: Hon. J. Lawrence Knipel
Plaintiff, .
. :
- agamst -
.
AFFIDAVIT OF
Eastern Fruit & Vegetables, Inc., BEATA ROBINSON IN
. OPPOSITION TO MOTION
Defendant.
TO COMPEL
------------------------------------------------------ X
BEATA ROBINSON, being duly sworn, deposes and says:
1. Through May 1, 2021, I was Operations Leader at non-party Hull & Company
("Hull") and was previously employed by the Morstan General Agency ("Morstan").
2. I submit this affidavit in opposition to the motion to compel submitted by defendant
Eastern Fruit & Vegetables, Inc., ("Eastern Fruit") in which Eastern Fruit seeks enforcement of a
June 7, 2021 subpoena duces tecum (the "June 7 Subpoena") issued to Hull.
3. This affidavit is based on my personal knowledge and review of relevant books and
records.
4. I understand that the June 7 Subpoena seeks production of the following
documents:
records of the asset sale from Morstan General Agency, Inc. to Hull &
Co. of NY, Inc.; and 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.
5. Complying with these intrusive requests would require Hull to produce highly
confidential and commercially sensitive business records and would risk causing significant harm
to Hull's commercial and competitive interests.
DM1\l2200376.1
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FILED: KINGS COUNTY CLERK 06/30/2021
08/05/2021 04:28
04:36 PM INDEX NO. 510798/2018
NYSCEF DOC. NO. 302
315 RECEIVED NYSCEF: 06/30/2021
08/05/2021
6. In particular, the request for records to the asset sale from Morstan to
pertaining
Hull would require the production of the asset purchase agreement between Hull and Morstan
together with other records related to the negotiation and finalization of the asset purchase
transaction. Such records include highly confidential and commercially sensitive data, including
purchase price information and the specific terms and conditions by which the parties agreed to
undertake the asset purchase. Of course, it is Hull's policy and practice to not publicly disclose
these records or the information they contain but rather to maintain the records and information as
confidential.
7. The requested contracts between Hull, a surplus lines broker, and plaintiff Atlantic
Casualty Insurance Company ("Atlantic") are likewise highly confidential and commercially
sensitive. These records reflect the specific terms and conditions the parties negotiated and which
governed their relationship, which is ongoing. Again, as disclosure of this information to
competitors and others could be damaging to Hull's competitive position in the market, itis Hull's
policy and practice to maintain the agreements and the information they contain as confidential.
8. It is my understanding that counsel has addressed in separate submissions to the
Court the reasons the records the Subpoena requests from Hull are not relevant to this action.
why
2
DM1 12200376.1
2 of 3
FILED: KINGS COUNTY CLERK 06/30/2021
08/05/2021 04:28
04:36 PM INDEX NO. 510798/2018
NYSCEF DOC. NO. 302
315 RECEIVED NYSCEF: 06/30/2021
08/05/2021
9. Accordingly, I respectfully ask that the Court not compel Hull to produce the
records requested by the June 7 Subpoena and deny Eastern Fruit's motion.
9WW (UC 40 l% Beata Robinson
Sworgto before me this
'day of June, 2021
MyCommission
ExpresJaF22.2022
Notary Public
3
DM1\12200376.1
3 of 3
Document Filed Date
August 05, 2021
Case Filing Date
May 24, 2018
Category
Commercial - Contract
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Preview
FILED: KINGS COUNTY CLERK 06/30/2021 08/05/2021 04:28 04:36 PM INDEX NO. 510798/2018 NYSCEF DOC. NO. 302 315 RECEIVED NYSCEF: 06/30/2021 08/05/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------- ¬--------------- X : Index No. 510798/2018 Atlantic Casualty Insurance Company, : Hon. J. Lawrence Knipel Plaintiff, . . : - agamst - . AFFIDAVIT OF Eastern Fruit & Vegetables, Inc., BEATA ROBINSON IN . OPPOSITION TO MOTION Defendant. TO COMPEL ------------------------------------------------------ X BEATA ROBINSON, being duly sworn, deposes and says: 1. Through May 1, 2021, I was Operations Leader at non-party Hull & Company ("Hull") and was previously employed by the Morstan General Agency ("Morstan"). 2. I submit this affidavit in opposition to the motion to compel submitted by defendant Eastern Fruit & Vegetables, Inc., ("Eastern Fruit") in which Eastern Fruit seeks enforcement of a June 7, 2021 subpoena duces tecum (the "June 7 Subpoena") issued to Hull. 3. This affidavit is based on my personal knowledge and review of relevant books and records. 4. I understand that the June 7 Subpoena seeks production of the following documents: records of the asset sale from Morstan General Agency, Inc. to Hull & Co. of NY, Inc.; and 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. 5. Complying with these intrusive requests would require Hull to produce highly confidential and commercially sensitive business records and would risk causing significant harm to Hull's commercial and competitive interests. DM1\l2200376.1 1 of 3 FILED: KINGS COUNTY CLERK 06/30/2021 08/05/2021 04:28 04:36 PM INDEX NO. 510798/2018 NYSCEF DOC. NO. 302 315 RECEIVED NYSCEF: 06/30/2021 08/05/2021 6. In particular, the request for records to the asset sale from Morstan to pertaining Hull would require the production of the asset purchase agreement between Hull and Morstan together with other records related to the negotiation and finalization of the asset purchase transaction. Such records include highly confidential and commercially sensitive data, including purchase price information and the specific terms and conditions by which the parties agreed to undertake the asset purchase. Of course, it is Hull's policy and practice to not publicly disclose these records or the information they contain but rather to maintain the records and information as confidential. 7. The requested contracts between Hull, a surplus lines broker, and plaintiff Atlantic Casualty Insurance Company ("Atlantic") are likewise highly confidential and commercially sensitive. These records reflect the specific terms and conditions the parties negotiated and which governed their relationship, which is ongoing. Again, as disclosure of this information to competitors and others could be damaging to Hull's competitive position in the market, itis Hull's policy and practice to maintain the agreements and the information they contain as confidential. 8. It is my understanding that counsel has addressed in separate submissions to the Court the reasons the records the Subpoena requests from Hull are not relevant to this action. why 2 DM1 12200376.1 2 of 3 FILED: KINGS COUNTY CLERK 06/30/2021 08/05/2021 04:28 04:36 PM INDEX NO. 510798/2018 NYSCEF DOC. NO. 302 315 RECEIVED NYSCEF: 06/30/2021 08/05/2021 9. Accordingly, I respectfully ask that the Court not compel Hull to produce the records requested by the June 7 Subpoena and deny Eastern Fruit's motion. 9WW (UC 40 l% Beata Robinson Sworgto before me this 'day of June, 2021 MyCommission ExpresJaF22.2022 Notary Public 3 DM1\12200376.1 3 of 3