On May 24, 2018 a
Motion,Ex Parte
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 08/09/2021 08:23 PM INDEX NO. 510798/2018
NYSCEF DOC. NO. 317 RECEIVED NYSCEF: 08/09/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
ATLANTIC CASUALTY INSURANCE
COMPANY, NOTICE OF MOTION
Plaintiff, Index No.: 510798/2018
v. Name of Assigned Judge:
Hon Carl Landicino
EASTERN FRUIT & VEGETABLES INC.
Oral Argument is Requested
Defendant.
PLEASE TAKE NOTICE, that upon the papers annexed hereto, including the
Affirmation of Debra M. Krebs, dated August 9, 2021, the Affidavit of Suzanne Parrish, dated
August 9, 2021, the Affidavit of Robert Goldfarb, dated August 9, 2021, the accompanying
memorandum of law, and the exhibits annexed to each, the undersigned will move this Court in
Part 81 of the New York Supreme Court, Kings County courthouse located at 360 Adams Street,
Brooklyn, New York, on October 21, 2021 at 9:30 A.M. in the forenoon of that day, or as soon
thereafter as counsel may be heard, for an order pursuant to CPLR 3212: (1) granting summary
judgment in favor of Atlantic Casualty Insurance Company; (2) dismissing each of Defendant
Eastern Fruit & Vegetables Inc.’s defenses and affirmative defenses; (3) awarding judgment in
favor of Atlantic in the amount of $103,728.98 plus pre-judgment interests at a rate of 9%
calculated from the dates of the breach (July 20, 2017 for the $69,903.09 due under the 2016 Policy
and August 2, 2017 for the $33,825.90 due under the 2017 Policy); (5) awarding Atlantic costs
and disbursements; and (4) granting Atlantic such other and further relief as this Court deems just,
equitable and proper.
The above-entitled action is for breach of contract based upon Eastern Fruit’s failure to pay
insurance premiums due and owing to Atlantic Casualty.
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FILED: KINGS COUNTY CLERK 08/09/2021 08:23 PM INDEX NO. 510798/2018
NYSCEF DOC. NO. 317 RECEIVED NYSCEF: 08/09/2021
PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR 2214(b), answering
affidavits and cross-motions (with supporting papers), if any, are required to be served at least
seven (7) days prior to the return date of this motion.
Dated: White Plains, New York
August 9, 2021
Keidel, Weldon & Cunningham, LLP
By: ________________________________
Debra M. Krebs, Esq.
Robert W. Lewis, Esq.
Attorneys for Plaintiff
Atlantic Casualty Insurance Co.
925 Westchester Avenue, Suite 400
White Plains, New York 10604
Tel: (914) 948-7000
Fax: (914) 948-7010
TO: L. Blake Morris, Esq.
L. Blake Morris & Associates
Attorneys for Defendant
Eastern Fruit & Vegetables, Inc.
1214 Cortelyou Road
Brooklyn, New York 11218
Tel: (718) 826-8401
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2 of 2
Document Filed Date
August 09, 2021
Case Filing Date
May 24, 2018
Category
Commercial - Contract
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FILED: KINGS COUNTY CLERK 08/09/2021 08:23 PM INDEX NO. 510798/2018 NYSCEF DOC. NO. 317 RECEIVED NYSCEF: 08/09/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ATLANTIC CASUALTY INSURANCE COMPANY, NOTICE OF MOTION Plaintiff, Index No.: 510798/2018 v. Name of Assigned Judge: Hon Carl Landicino EASTERN FRUIT & VEGETABLES INC. Oral Argument is Requested Defendant. PLEASE TAKE NOTICE, that upon the papers annexed hereto, including the Affirmation of Debra M. Krebs, dated August 9, 2021, the Affidavit of Suzanne Parrish, dated August 9, 2021, the Affidavit of Robert Goldfarb, dated August 9, 2021, the accompanying memorandum of law, and the exhibits annexed to each, the undersigned will move this Court in Part 81 of the New York Supreme Court, Kings County courthouse located at 360 Adams Street, Brooklyn, New York, on October 21, 2021 at 9:30 A.M. in the forenoon of that day, or as soon thereafter as counsel may be heard, for an order pursuant to CPLR 3212: (1) granting summary judgment in favor of Atlantic Casualty Insurance Company; (2) dismissing each of Defendant Eastern Fruit & Vegetables Inc.’s defenses and affirmative defenses; (3) awarding judgment in favor of Atlantic in the amount of $103,728.98 plus pre-judgment interests at a rate of 9% calculated from the dates of the breach (July 20, 2017 for the $69,903.09 due under the 2016 Policy and August 2, 2017 for the $33,825.90 due under the 2017 Policy); (5) awarding Atlantic costs and disbursements; and (4) granting Atlantic such other and further relief as this Court deems just, equitable and proper. The above-entitled action is for breach of contract based upon Eastern Fruit’s failure to pay insurance premiums due and owing to Atlantic Casualty. 1 1 of 2 FILED: KINGS COUNTY CLERK 08/09/2021 08:23 PM INDEX NO. 510798/2018 NYSCEF DOC. NO. 317 RECEIVED NYSCEF: 08/09/2021 PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR 2214(b), answering affidavits and cross-motions (with supporting papers), if any, are required to be served at least seven (7) days prior to the return date of this motion. Dated: White Plains, New York August 9, 2021 Keidel, Weldon & Cunningham, LLP By: ________________________________ Debra M. Krebs, Esq. Robert W. Lewis, Esq. Attorneys for Plaintiff Atlantic Casualty Insurance Co. 925 Westchester Avenue, Suite 400 White Plains, New York 10604 Tel: (914) 948-7000 Fax: (914) 948-7010 TO: L. Blake Morris, Esq. L. Blake Morris & Associates Attorneys for Defendant Eastern Fruit & Vegetables, Inc. 1214 Cortelyou Road Brooklyn, New York 11218 Tel: (718) 826-8401 2 2 of 2