On May 24, 2018 a
Motion-Secondary
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 09/08/2021 06:11 PM INDEX NO. 510798/2018
NYSCEF DOC. NO. 366 RECEIVED NYSCEF: 09/08/2021
Supreme Court of the State of New York
COUNTY OF KINGS
------------------------------------------------------------- X Index No. 510798/2018
Atlantic Casualty Insurance Company, :
:
Plaintiff, : AFFIRMATION IN OPPOSITION
:
- against - :
:
Eastern Fruit & Vegetables, Inc., :
:
Defendant. :
------------------------------------------------------------- X
L. Blake Morris, herein affirms pursuant to CPLR Sec. 2106 and under the
penalties of perjury:
1. That your affiant is the attorney for the defendant herein and as such I am fully
familiar with the facts of the matter at bar.
2. That I submit this affirmation in opposition to the plaintiff's motion to clarify
and/or correct the Court’s order dated July 1, 2021 and entered on July 7, 2021 (“the
Court Order”), pursuant to CPLR 2001 and/or 5019 and/or any other appropriate rule of
law or equity, returnable September 15, 2021.
3. Upon review of the plaintiff’s moving papers regarding its application, defendant
finds it unnecessary and burdensome to review this motion and respond as the Court
Order is self-explanatory.
4. Plaintiff by its papers exhibits its comprehension of the current procedural status
of this case. (see NYSCEF Doc. No. 308, para. 21 of the Debra Krebs Affirmation in
Support of Motion dated August 5, 2021)
5. The Court ordered deadline for all parties to execute a confidentiality agreement
for document discovery of non-party witness Hull & Co. of NY, Inc. (“Hull”) was
already satisfied within the prescribed time period.
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FILED: KINGS COUNTY CLERK 09/08/2021 06:11 PM INDEX NO. 510798/2018
NYSCEF DOC. NO. 366 RECEIVED NYSCEF: 09/08/2021
6. Hull has timely offered its responses to discovery and defendant is still reviewing
the sufficiency and adequacy of their submissions.
7. Defendant does not find it necessary to address plaintiff’s speculation regarding
the possible outcomes of the note of issue because no reasonable reading of the Court
Order raises plaintiff’s concerns.
Wherefore, defendant hereby requests that the plaintiff/movant's motion to
clarify and/or correct the Court’s order dated July 1, 2021 and entered on July 7, 2021,
pursuant to CPLR 2001 and/or 5019 and/or any other appropriate rule of law or equity be
left to the discretion of the court, including but not limited to denying it entirely, together
with such other and further relief as to this court may be just, proper and equitable.
Dated: Brooklyn, New York
September 8, 2021
L. Blake Morris
Attorney for Defendant
1214 Cortelyou Rd.
Brooklyn, NY 11218-5404
Tel. # (718) 826-8401
2
2 of 2
Document Filed Date
September 08, 2021
Case Filing Date
May 24, 2018
Category
Commercial - Contract
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FILED: KINGS COUNTY CLERK 09/08/2021 06:11 PM INDEX NO. 510798/2018 NYSCEF DOC. NO. 366 RECEIVED NYSCEF: 09/08/2021 Supreme Court of the State of New York COUNTY OF KINGS ------------------------------------------------------------- X Index No. 510798/2018 Atlantic Casualty Insurance Company, : : Plaintiff, : AFFIRMATION IN OPPOSITION : - against - : : Eastern Fruit & Vegetables, Inc., : : Defendant. : ------------------------------------------------------------- X L. Blake Morris, herein affirms pursuant to CPLR Sec. 2106 and under the penalties of perjury: 1. That your affiant is the attorney for the defendant herein and as such I am fully familiar with the facts of the matter at bar. 2. That I submit this affirmation in opposition to the plaintiff's motion to clarify and/or correct the Court’s order dated July 1, 2021 and entered on July 7, 2021 (“the Court Order”), pursuant to CPLR 2001 and/or 5019 and/or any other appropriate rule of law or equity, returnable September 15, 2021. 3. Upon review of the plaintiff’s moving papers regarding its application, defendant finds it unnecessary and burdensome to review this motion and respond as the Court Order is self-explanatory. 4. Plaintiff by its papers exhibits its comprehension of the current procedural status of this case. (see NYSCEF Doc. No. 308, para. 21 of the Debra Krebs Affirmation in Support of Motion dated August 5, 2021) 5. The Court ordered deadline for all parties to execute a confidentiality agreement for document discovery of non-party witness Hull & Co. of NY, Inc. (“Hull”) was already satisfied within the prescribed time period. 1 of 2 FILED: KINGS COUNTY CLERK 09/08/2021 06:11 PM INDEX NO. 510798/2018 NYSCEF DOC. NO. 366 RECEIVED NYSCEF: 09/08/2021 6. Hull has timely offered its responses to discovery and defendant is still reviewing the sufficiency and adequacy of their submissions. 7. Defendant does not find it necessary to address plaintiff’s speculation regarding the possible outcomes of the note of issue because no reasonable reading of the Court Order raises plaintiff’s concerns. Wherefore, defendant hereby requests that the plaintiff/movant's motion to clarify and/or correct the Court’s order dated July 1, 2021 and entered on July 7, 2021, pursuant to CPLR 2001 and/or 5019 and/or any other appropriate rule of law or equity be left to the discretion of the court, including but not limited to denying it entirely, together with such other and further relief as to this court may be just, proper and equitable. Dated: Brooklyn, New York September 8, 2021 L. Blake Morris Attorney for Defendant 1214 Cortelyou Rd. Brooklyn, NY 11218-5404 Tel. # (718) 826-8401 2 2 of 2