Preview
FILED: KINGS COUNTY CLERK 05/24/2018
08/09/2021 03:27
08:23 PM INDEX NO. 510798/2018
NYSCEF DOC. NO. 1
347 RECEIVED NYSCEF: 05/24/2018
08/09/2021
STATE OF NEW YORK
SUPREME COURT COUNTY OF KINGS
ATLANTIC CASUALTY INSURANCE COMPANY
Index No.
Date Purchased
Plaintiff(s),
Plaintiff(s) designate(s)
Kings County
as the place of trial.
-against-
The basis of the venue is
Defendant's Location
EASTERN FRUIT & VEGETABLES INC.
SUMMONS
Defendant(s)
To the above named Defendant(s)
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a
copy of your answer, or, if the complaint is not served with this summons, to serve a notice of
appearance, on the Plaintiff's Attorney(s) within 20 days after the service of this summons,
exclusive of the day of service (or within 30 days after the service is cop1 lete if thissummons is
not personally delivered to you within the State of New York); and e of your failure to
isa
appear or answer, judgment will be taken against you default for,the re ef demanded in the
by
complaint.
RELIN, iOLDSTEIN & CRANE, LLP
Dated: April 30, 2018 Joseph, . Shur, Esq.
Attorney(s) for Plaintiff
Defendant's Address: Office and Post Office Address
1230-1236 Coney Island Ave. 28 East Main Street, Suite 1800
Brooklyn, NY 11218 Rochester, New York 14614
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FILED: KINGS COUNTY CLERK 05/24/2018
08/09/2021 03:27
08:23 PM INDEX NO. 510798/2018
NYSCEF DOC. NO. 1
347 RECEIVED NYSCEF: 05/24/2018
08/09/2021
STATE OF NEW YORK
SUPRIiMli COURT COUNTY OF KINGS
ATLANTIC CASUALTY INSURANCE COMPANY
Plaintiff,
vs.
COMPLAINT
EASTERN FRUIT & VEGETABLES INC.
Defendant(s)
Plaintiff for its complaint against Defendant herein, alleges as follows:
FIRST: Plaintiff is duly authorized to issue policies of insurance in the State of New
York.
SECOND: Upon information and belief, Defendant is a corporation with a place of
business in the County of Kings, State of New York.
FACTS APPLICABLE TO ALL CAUSES OF ACTION:
THIRD: Upon information and belief, that heretofore and within six years last past, at the
specific instance and request of Defendant, Plaintiff provided certain commercial general liability
insurance coverage to the Defendant under Policy L146001424-1 and L146001424-2 for the
effective dates of April 17, 2016 to April 17, 2018. The unpaid principal balance due on policy
L146001424-1 is $69,903.09. The unpaid principal balance due on policy L146002524-2 is
$23,238.00.
FOURTH: Plaintiff has performed according to the terms of the contract with Defendant.
FIFTH: Defendant has breached its contract with the Plaintiff by failing to pay as agreed,
resulting in damages to the Plaintiff in the amount of $93,141.09.
AS AND FOR A FIRST CAUSE OF ACTION:
"FIRST"
SIXTH: Plaintiff repeats and re-alleges the allegations contained in paragraphs
"FIFTH"
through above.
SEVENTH: Defendant agreed to remit payment of premiums in consideration for
Plaintiff's provision of insurance coverage to Defendant.
EIGHTH: Defendant has failed and refused to remit payment of $93,141.09 owed to
Plaintiff pursuant to the terms of the policies.
2 of 5
FILED: KINGS COUNTY CLERK 05/24/2018
08/09/2021 03:27
08:23 PM INDEX NO. 510798/2018
NYSCEF DOC. NO. 1
347 RECEIVED NYSCEF: 05/24/2018
08/09/2021
NINTH: Defendant has breached the insurance contract between the parties by its failure
to remit payment of the audit premiums which Defendant owes to Plaintiff.
TENTH: As a result of Defendant's breach of the insurance contract, Plaintiff has
suffered damages in the amount of $93,141.09.
AS AND FOR A SECOND CAUSE OF ACTION:
ELEVENTH: Plaintiff repeats and re-alleges the allegations contained in paragraphs
"FIRST" "TENTH"
through above of this complaint as if fully set forth herein.
TWELFTH: Plaintiff has provided insurance coverage and related services to Defendant
for which Defendant has refused to pay.
THIRTEENTH: Defendant has benefitted from the insurance coverage and related
services provided by Plaintiff.
FOURTEENTH: Defendant has been unjustly enriched by the receipt of such coverage
and services to Plaintiff's detriment.
FIFTEENTH: Plaintiff has repeatedly demanded that Defendant remit payment of the
amount due and owing to Plaintiff.
SIXTEENTH: Defendant has unjustly failed, refused and continues to refuse to pay the
balance due and owing to Plaintiff, thereby resulting in damages to Plaintiff in the amount of
$93,141.09.
AS AND FOR A THIRD CAUSE OF ACTION:
SEVENTEENTH: Plaintiff repeats and re-alleges the allegations contained in paragraphs
"FIRST" "SIXTEENTH"
through above.
EIGHTEENTH: Defendant, being indebted to Plaintiff upon accounts stated between
them, and having acknowledged such debt, promised to pay Plaintiff upon demand.
NINTEENTH: Plaintiff has repeatedly demanded that Defendant remit payment for the
amount owed to Defendant to Plaintiff. Defendant, however, has failed to remit payment.
TWENTIETH: Defendant's failure to pay the acknowledged $93,141.09 balance due and
owing to Plaintiff has caused Plaintiff to suffer damages in the amount of $93,141.09 plus
interest, costs and disbursements.
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FILED: KINGS COUNTY CLERK 05/24/2018
08/09/2021 03:27
08:23 PM INDEX NO. 510798/2018
NYSCEF DOC. NO. 1
347 RECEIVED NYSCEF: 05/24/2018
08/09/2021
WHEREFORE, Plaintiff demands judgment against Defendant in the sum of
$93,141.09, together with interest from the due dates thereof, plus the costs and disbursements of
this action.
Dated: April 30, 2018 /
/
/
REL1 GOLDSTEIN & CR NE, LLP
Joseph M. Shur, Esq.
Attorneys for Plaintiff
28 East Main Street, Suite 1800
Rochester, New York 14614
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FILED: KINGS COUNTY CLERK 05/24/2018
08/09/2021 03:27
08:23 PM INDEX NO. 510798/2018
NYSCEF DOC. NO. 1
347 RECEIVED NYSCEF: 05/24/2018
08/09/2021
STATE OF NEW YORK)
COUNTY OF MONROE) SS:
I,the undersigned, am an attorney admitted to practice in the courts of the State of
New York and say that I am the attorney of record or of counsel with the attorney(s) of
record, for Plaintiff, I have read the annexed Complaint, know the contents thereof and
the same are true to me knowledge, except those matters therein which are stated to be
alleged on information and belief, and as to those matters I believe them to be true. My
belief as to those matters therein not stated upon knowledge, is based upon the following:
Memorandum, statements of account and correspondence in deponent's possession.
The reason I make this affirmation instead of plaintiff is because plaintiff is a
corporation, none of whose officers are within the County of Monroe, and deponent is
one of the attorneys for said corporation.
I affirm that the foregoing statements are true under penalties of perjury.
Dated: April 30, 2018
Jose'
5 of 5
Preview
FILED: KINGS COUNTY CLERK 05/24/2018 08/09/2021 03:27 08:23 PM INDEX NO. 510798/2018 NYSCEF DOC. NO. 1 347 RECEIVED NYSCEF: 05/24/2018 08/09/2021 STATE OF NEW YORK SUPREME COURT COUNTY OF KINGS ATLANTIC CASUALTY INSURANCE COMPANY Index No. Date Purchased Plaintiff(s), Plaintiff(s) designate(s) Kings County as the place of trial. -against- The basis of the venue is Defendant's Location EASTERN FRUIT & VEGETABLES INC. SUMMONS Defendant(s) To the above named Defendant(s) YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff's Attorney(s) within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is cop1 lete if thissummons is not personally delivered to you within the State of New York); and e of your failure to isa appear or answer, judgment will be taken against you default for,the re ef demanded in the by complaint. RELIN, iOLDSTEIN & CRANE, LLP Dated: April 30, 2018 Joseph, . Shur, Esq. Attorney(s) for Plaintiff Defendant's Address: Office and Post Office Address 1230-1236 Coney Island Ave. 28 East Main Street, Suite 1800 Brooklyn, NY 11218 Rochester, New York 14614 1 of 5 FILED: KINGS COUNTY CLERK 05/24/2018 08/09/2021 03:27 08:23 PM INDEX NO. 510798/2018 NYSCEF DOC. NO. 1 347 RECEIVED NYSCEF: 05/24/2018 08/09/2021 STATE OF NEW YORK SUPRIiMli COURT COUNTY OF KINGS ATLANTIC CASUALTY INSURANCE COMPANY Plaintiff, vs. COMPLAINT EASTERN FRUIT & VEGETABLES INC. Defendant(s) Plaintiff for its complaint against Defendant herein, alleges as follows: FIRST: Plaintiff is duly authorized to issue policies of insurance in the State of New York. SECOND: Upon information and belief, Defendant is a corporation with a place of business in the County of Kings, State of New York. FACTS APPLICABLE TO ALL CAUSES OF ACTION: THIRD: Upon information and belief, that heretofore and within six years last past, at the specific instance and request of Defendant, Plaintiff provided certain commercial general liability insurance coverage to the Defendant under Policy L146001424-1 and L146001424-2 for the effective dates of April 17, 2016 to April 17, 2018. The unpaid principal balance due on policy L146001424-1 is $69,903.09. The unpaid principal balance due on policy L146002524-2 is $23,238.00. FOURTH: Plaintiff has performed according to the terms of the contract with Defendant. FIFTH: Defendant has breached its contract with the Plaintiff by failing to pay as agreed, resulting in damages to the Plaintiff in the amount of $93,141.09. AS AND FOR A FIRST CAUSE OF ACTION: "FIRST" SIXTH: Plaintiff repeats and re-alleges the allegations contained in paragraphs "FIFTH" through above. SEVENTH: Defendant agreed to remit payment of premiums in consideration for Plaintiff's provision of insurance coverage to Defendant. EIGHTH: Defendant has failed and refused to remit payment of $93,141.09 owed to Plaintiff pursuant to the terms of the policies. 2 of 5 FILED: KINGS COUNTY CLERK 05/24/2018 08/09/2021 03:27 08:23 PM INDEX NO. 510798/2018 NYSCEF DOC. NO. 1 347 RECEIVED NYSCEF: 05/24/2018 08/09/2021 NINTH: Defendant has breached the insurance contract between the parties by its failure to remit payment of the audit premiums which Defendant owes to Plaintiff. TENTH: As a result of Defendant's breach of the insurance contract, Plaintiff has suffered damages in the amount of $93,141.09. AS AND FOR A SECOND CAUSE OF ACTION: ELEVENTH: Plaintiff repeats and re-alleges the allegations contained in paragraphs "FIRST" "TENTH" through above of this complaint as if fully set forth herein. TWELFTH: Plaintiff has provided insurance coverage and related services to Defendant for which Defendant has refused to pay. THIRTEENTH: Defendant has benefitted from the insurance coverage and related services provided by Plaintiff. FOURTEENTH: Defendant has been unjustly enriched by the receipt of such coverage and services to Plaintiff's detriment. FIFTEENTH: Plaintiff has repeatedly demanded that Defendant remit payment of the amount due and owing to Plaintiff. SIXTEENTH: Defendant has unjustly failed, refused and continues to refuse to pay the balance due and owing to Plaintiff, thereby resulting in damages to Plaintiff in the amount of $93,141.09. AS AND FOR A THIRD CAUSE OF ACTION: SEVENTEENTH: Plaintiff repeats and re-alleges the allegations contained in paragraphs "FIRST" "SIXTEENTH" through above. EIGHTEENTH: Defendant, being indebted to Plaintiff upon accounts stated between them, and having acknowledged such debt, promised to pay Plaintiff upon demand. NINTEENTH: Plaintiff has repeatedly demanded that Defendant remit payment for the amount owed to Defendant to Plaintiff. Defendant, however, has failed to remit payment. TWENTIETH: Defendant's failure to pay the acknowledged $93,141.09 balance due and owing to Plaintiff has caused Plaintiff to suffer damages in the amount of $93,141.09 plus interest, costs and disbursements. 3 of 5 FILED: KINGS COUNTY CLERK 05/24/2018 08/09/2021 03:27 08:23 PM INDEX NO. 510798/2018 NYSCEF DOC. NO. 1 347 RECEIVED NYSCEF: 05/24/2018 08/09/2021 WHEREFORE, Plaintiff demands judgment against Defendant in the sum of $93,141.09, together with interest from the due dates thereof, plus the costs and disbursements of this action. Dated: April 30, 2018 / / / REL1 GOLDSTEIN & CR NE, LLP Joseph M. Shur, Esq. Attorneys for Plaintiff 28 East Main Street, Suite 1800 Rochester, New York 14614 4 of 5 FILED: KINGS COUNTY CLERK 05/24/2018 08/09/2021 03:27 08:23 PM INDEX NO. 510798/2018 NYSCEF DOC. NO. 1 347 RECEIVED NYSCEF: 05/24/2018 08/09/2021 STATE OF NEW YORK) COUNTY OF MONROE) SS: I,the undersigned, am an attorney admitted to practice in the courts of the State of New York and say that I am the attorney of record or of counsel with the attorney(s) of record, for Plaintiff, I have read the annexed Complaint, know the contents thereof and the same are true to me knowledge, except those matters therein which are stated to be alleged on information and belief, and as to those matters I believe them to be true. My belief as to those matters therein not stated upon knowledge, is based upon the following: Memorandum, statements of account and correspondence in deponent's possession. The reason I make this affirmation instead of plaintiff is because plaintiff is a corporation, none of whose officers are within the County of Monroe, and deponent is one of the attorneys for said corporation. I affirm that the foregoing statements are true under penalties of perjury. Dated: April 30, 2018 Jose' 5 of 5