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KEIDEL, WELDON & CUNNINGHAM, LLP
ATTORNEYS AT LAW
925 Westchester Avenue
Suite 400
White Plains, New York 10604
Telephone: (914) 948-7000
Telefax: (914) 948-7010 (Not for Service)
http://www.kwcllp.com
January 3, 2022
Via ECF
Hon. Carl Landicino, J.S.C.
Supreme Court of the State of New York
County of Kings
360 Adams Street
Brooklyn, NY 11201
Re: Atlantic Casualty Insurance Company v. Eastern Fruit & Vegetables Inc.
Docket No.: 510798/2018
Return Date: January 12, 2022
Dear Justice Landicino:
We represent Plaintiff Atlantic Casualty Insurance Company in connection with the
above referenced matter.
We write to request direction from the Court regarding Your Honor’s rules requiring that
the parties submit a stipulation in advance of the return date for Atlantic’s motion for summary
judgment (Motion Sequence 14) in order to have the motion heard. As discussed below, we have
been unable to obtain assent from counsel for Eastern Fruit to a stipulation despite efforts made
since November 2, 2021. As Atlantic’s motion is currently returnable on January 12, 2022, our
deadline to submit the stipulation is approaching and we do not anticipate any response from
counsel for Eastern Fruit given that he has not responded to multiple efforts over the course of
two months. A copy of our proposed stipulation, signed on behalf of Atlantic, but not on behalf
of Eastern Fruit, is attached.
We had initially addressed this issue in an email to Your Honor, sent to
KSCCVPART81@nycourts.gov on December 23, 2021, as it was our understanding that email
was proper way to have this issue heard. However, this afternoon, Your Honor’s law clerk
advised that we should address this issue via letter submitted through NYSCEF. If Your Honor
has already addressed our December 23, 3021 email, there is no need to address this letter as
well.
Atlantic’s motion was fully briefed on October 27, 2021. We initially proposed our
stipulation to counsel for Eastern Fruit on November 2, 2021. I spoke with counsel for Eastern
Fruit about this stipulation on November 3, 2021. At the time, counsel for Eastern Fruit advised
that he thought that we needed to request a specific date for oral argument in the stipulation. We
WHITE PLAINS, NY NEW YORK, NY SYRACUSE, NY
WILTON, CT WARWICK, RI WYNCOTE, PA
FAIR LAWN, NJ WILLISTON, VT NAPLES, FL
Page 2
advised counsel for Eastern Fruit that this was not consistent with Your Honor’s rules, but we
nonetheless contacted Your Honor’s part on November 3, 2021 to inquire about dates. We were
advised that Your Honor would pick a date for oral argument and it should not be included in the
stipulation.
On November 3, 2021, I spoke with counsel for Eastern Fruit and advised him that we
had spoken with Your Honor’s part, and were advised that the stipulation should not include a
proposed oral argument date. In response, counsel for Eastern Fruit explained that he wanted to
confirm this for himself, and would get back to us. We also offered that, if there were dates on
which counsel for Eastern Fruit was not available for oral argument, we would not object to his
including a request in the stipulation that oral argument not be scheduled on those dates. We
note that counsel for Eastern Fruit has never identified such dates to us or otherwise requested
any changes to the proposed stipulation.
On November 8, 2021, I again spoke with counsel for Eastern Fruit. He again advised
that he wanted to check with the Court regarding whether the stipulation should include a
proposed date for oral argument before he would sign the stipulation. I have followed up with
counsel for Eastern Fruit by email on November 19, 2021 and December 6, 2021, and by
telephone and email on December 23, 2021 and December 29, 2021. Counsel for Eastern Fruit
was also copied on our December 23, 2021 email to Your Honor seeking to address this issue.
We have not heard back from counsel for Eastern Fruit since I last spoke to him on November 8,
2021.
We note that we have had difficulty getting counsel for Eastern Fruit to respond to us
throughout this case. Notably, when our appeal became academic, we attempted to contact
counsel for Eastern Fruit to obtain his consent to withdraw our appeal. Counsel for Eastern Fruit
did not respond to multiple emails and voice messages over the course of several weeks, either to
consent or object. When we did catch him on his cell phone, he said that he would have to call
us back, but did not do so. Ultimately, we were forced to make a motion for leave to withdraw
our appeal, which motion was granted. We have had similar problems with respect to good faith
efforts to resolve discovery disputes and our efforts to discuss a possible extension of the time to
file a note of issue.
In light of the foregoing, because we have already been waiting for nearly two months for
counsel for Eastern Fruit to sign this stipulation, and because we are only one week away from
the deadline for such stipulation, we are concerned that we will not be able to obtain consent
from counsel for Eastern Fruit regarding a stipulation before the January 10, 2022 deadline to
submit such stipulation.
In light of the foregoing, we respectfully request that this Court schedule oral argument
on Atlantic’s motion for summary judgment and/or otherwise advise how the parties should
proceed. We are copying this letter to counsel for Eastern Fruit not only by filing it on
NYSCEF, but also by sending a copy via email.
Thank you for your consideration of this matter.
WHITE PLAINS, NY NEW YORK, NY SYRACUSE, NY
WILTON, CT WARWICK, RI WYNCOTE, PA
FAIR LAWN, NJ WILLISTON, VT NAPLES, FL
Page 3
Respectfully submitted.
Robert Walker Lewis
cc: L. Blake Morris, Esq.
Blake@lblakemorris.com
info@lblakemorris.com
Via ECF and email
WHITE PLAINS, NY NEW YORK, NY SYRACUSE, NY
WILTON, CT WARWICK, RI WYNCOTE, PA
FAIR LAWN, NJ WILLISTON, VT NAPLES, FL
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
ATLANTIC CASUALTY INSURANCE
COMPANY,
Index No.: 510798/2018
Plaintiff,
STIPULATION REGARDING
v. ORAL ARGUMENT FOR
MOTION SEQUENCE 14
EASTERN FRUIT & VEGETABLES INC.
Defendant.
IT IS HEREBY STIPULATED AND AGREED by and between the plaintiff
and the defendant, by their respective attorneys that:
1) Motion Sequence 14 (Atlantic Casualty Insurance Company’s motion for
summary judgment) is fully briefed;
2) All moving, responsive and reply papers have been filed via NYSCEF;
3) The motion is ready for oral argument;
4) The following attorneys will participate in oral argument:
For Plaintiff Atlantic Casualty Insurance Company:
Debra M. Krebs, Esq.
Keidel, Weldon & Cunningham, LLP
925 Westchester Av., Ste. 400
White Plains, NY 10604
Phone: 914-948-7000 ext. 130
Preferred Email Address: dkrebs@kwcllp.com
For Defendant Eastern Fruit & Vegetables Inc.
L. Blake Morris, Esq.
1214 Cortelyou Rd.
Brooklyn, NY 11218-5404
Phone: 718-826-8401
Preferred email Address: info@LblakeMorris.com
5) This stipulation may be executed in counterparts and digitally affixed
and/or transmitted signatures shall be treated as originals for all purposes.
KEIDEL, WELDON & CUNNINGHAM, LLP
_____________________________ By:
L. Blake Morris, Esq. Debra M. Krebs, Esq.
Attorney for Defendant Robert Walker Lewis, Esq.
Eastern Fruit & Vegetables, Inc. Attorneys for Plaintiff
1214 Cortelyou Rd. Atlantic Casualty Insurance Company
Brooklyn, NY 11218-5404 925 Westchester Ave
Phone: 718-826-8401 Suite 400
info@LblakeMorris.com White Plains, NY 10604
blake@LblakeMorris.com Phone: 914-948-7000
dkrebs@kwcllp.com
rlewis@kwcllp.com
Dated: Dated: 12/23/2021
2
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KEIDEL, WELDON & CUNNINGHAM, LLP ATTORNEYS AT LAW 925 Westchester Avenue Suite 400 White Plains, New York 10604 Telephone: (914) 948-7000 Telefax: (914) 948-7010 (Not for Service) http://www.kwcllp.com January 3, 2022 Via ECF Hon. Carl Landicino, J.S.C. Supreme Court of the State of New York County of Kings 360 Adams Street Brooklyn, NY 11201 Re: Atlantic Casualty Insurance Company v. Eastern Fruit & Vegetables Inc. Docket No.: 510798/2018 Return Date: January 12, 2022 Dear Justice Landicino: We represent Plaintiff Atlantic Casualty Insurance Company in connection with the above referenced matter. We write to request direction from the Court regarding Your Honor’s rules requiring that the parties submit a stipulation in advance of the return date for Atlantic’s motion for summary judgment (Motion Sequence 14) in order to have the motion heard. As discussed below, we have been unable to obtain assent from counsel for Eastern Fruit to a stipulation despite efforts made since November 2, 2021. As Atlantic’s motion is currently returnable on January 12, 2022, our deadline to submit the stipulation is approaching and we do not anticipate any response from counsel for Eastern Fruit given that he has not responded to multiple efforts over the course of two months. A copy of our proposed stipulation, signed on behalf of Atlantic, but not on behalf of Eastern Fruit, is attached. We had initially addressed this issue in an email to Your Honor, sent to KSCCVPART81@nycourts.gov on December 23, 2021, as it was our understanding that email was proper way to have this issue heard. However, this afternoon, Your Honor’s law clerk advised that we should address this issue via letter submitted through NYSCEF. If Your Honor has already addressed our December 23, 3021 email, there is no need to address this letter as well. Atlantic’s motion was fully briefed on October 27, 2021. We initially proposed our stipulation to counsel for Eastern Fruit on November 2, 2021. I spoke with counsel for Eastern Fruit about this stipulation on November 3, 2021. At the time, counsel for Eastern Fruit advised that he thought that we needed to request a specific date for oral argument in the stipulation. We WHITE PLAINS, NY NEW YORK, NY SYRACUSE, NY WILTON, CT WARWICK, RI WYNCOTE, PA FAIR LAWN, NJ WILLISTON, VT NAPLES, FL Page 2 advised counsel for Eastern Fruit that this was not consistent with Your Honor’s rules, but we nonetheless contacted Your Honor’s part on November 3, 2021 to inquire about dates. We were advised that Your Honor would pick a date for oral argument and it should not be included in the stipulation. On November 3, 2021, I spoke with counsel for Eastern Fruit and advised him that we had spoken with Your Honor’s part, and were advised that the stipulation should not include a proposed oral argument date. In response, counsel for Eastern Fruit explained that he wanted to confirm this for himself, and would get back to us. We also offered that, if there were dates on which counsel for Eastern Fruit was not available for oral argument, we would not object to his including a request in the stipulation that oral argument not be scheduled on those dates. We note that counsel for Eastern Fruit has never identified such dates to us or otherwise requested any changes to the proposed stipulation. On November 8, 2021, I again spoke with counsel for Eastern Fruit. He again advised that he wanted to check with the Court regarding whether the stipulation should include a proposed date for oral argument before he would sign the stipulation. I have followed up with counsel for Eastern Fruit by email on November 19, 2021 and December 6, 2021, and by telephone and email on December 23, 2021 and December 29, 2021. Counsel for Eastern Fruit was also copied on our December 23, 2021 email to Your Honor seeking to address this issue. We have not heard back from counsel for Eastern Fruit since I last spoke to him on November 8, 2021. We note that we have had difficulty getting counsel for Eastern Fruit to respond to us throughout this case. Notably, when our appeal became academic, we attempted to contact counsel for Eastern Fruit to obtain his consent to withdraw our appeal. Counsel for Eastern Fruit did not respond to multiple emails and voice messages over the course of several weeks, either to consent or object. When we did catch him on his cell phone, he said that he would have to call us back, but did not do so. Ultimately, we were forced to make a motion for leave to withdraw our appeal, which motion was granted. We have had similar problems with respect to good faith efforts to resolve discovery disputes and our efforts to discuss a possible extension of the time to file a note of issue. In light of the foregoing, because we have already been waiting for nearly two months for counsel for Eastern Fruit to sign this stipulation, and because we are only one week away from the deadline for such stipulation, we are concerned that we will not be able to obtain consent from counsel for Eastern Fruit regarding a stipulation before the January 10, 2022 deadline to submit such stipulation. In light of the foregoing, we respectfully request that this Court schedule oral argument on Atlantic’s motion for summary judgment and/or otherwise advise how the parties should proceed. We are copying this letter to counsel for Eastern Fruit not only by filing it on NYSCEF, but also by sending a copy via email. Thank you for your consideration of this matter. WHITE PLAINS, NY NEW YORK, NY SYRACUSE, NY WILTON, CT WARWICK, RI WYNCOTE, PA FAIR LAWN, NJ WILLISTON, VT NAPLES, FL Page 3 Respectfully submitted. Robert Walker Lewis cc: L. Blake Morris, Esq. Blake@lblakemorris.com info@lblakemorris.com Via ECF and email WHITE PLAINS, NY NEW YORK, NY SYRACUSE, NY WILTON, CT WARWICK, RI WYNCOTE, PA FAIR LAWN, NJ WILLISTON, VT NAPLES, FL SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ATLANTIC CASUALTY INSURANCE COMPANY, Index No.: 510798/2018 Plaintiff, STIPULATION REGARDING v. ORAL ARGUMENT FOR MOTION SEQUENCE 14 EASTERN FRUIT & VEGETABLES INC. Defendant. IT IS HEREBY STIPULATED AND AGREED by and between the plaintiff and the defendant, by their respective attorneys that: 1) Motion Sequence 14 (Atlantic Casualty Insurance Company’s motion for summary judgment) is fully briefed; 2) All moving, responsive and reply papers have been filed via NYSCEF; 3) The motion is ready for oral argument; 4) The following attorneys will participate in oral argument: For Plaintiff Atlantic Casualty Insurance Company: Debra M. Krebs, Esq. Keidel, Weldon & Cunningham, LLP 925 Westchester Av., Ste. 400 White Plains, NY 10604 Phone: 914-948-7000 ext. 130 Preferred Email Address: dkrebs@kwcllp.com For Defendant Eastern Fruit & Vegetables Inc. L. Blake Morris, Esq. 1214 Cortelyou Rd. Brooklyn, NY 11218-5404 Phone: 718-826-8401 Preferred email Address: info@LblakeMorris.com 5) This stipulation may be executed in counterparts and digitally affixed and/or transmitted signatures shall be treated as originals for all purposes. KEIDEL, WELDON & CUNNINGHAM, LLP _____________________________ By: L. Blake Morris, Esq. Debra M. Krebs, Esq. Attorney for Defendant Robert Walker Lewis, Esq. Eastern Fruit & Vegetables, Inc. Attorneys for Plaintiff 1214 Cortelyou Rd. Atlantic Casualty Insurance Company Brooklyn, NY 11218-5404 925 Westchester Ave Phone: 718-826-8401 Suite 400 info@LblakeMorris.com White Plains, NY 10604 blake@LblakeMorris.com Phone: 914-948-7000 dkrebs@kwcllp.com rlewis@kwcllp.com Dated: Dated: 12/23/2021 2