Preview
FILED: KINGS COUNTY CLERK 09/09/2021 03:13 PM INDEX NO. 510798/2018
NYSCEF DOC. NO. 367 RECEIVED NYSCEF: 09/09/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
ATLANTIC CASAULTY INSURANCE
COMPANY,
Index No.: 510798/2018
Plaintiff,
v. REPLY AFFIRMATION IN
FURTHER SUPPORT OF
EASTERN FRUIT & VEGETABLES INC. MOTION
Defendant.
DEBRA M. KREBS, ESQ., an attorney duly admitted to practice law in the courts of the
State of New York, and a partner in the law firm Keidel, Weldon & Cunningham, LLP, counsel
for Plaintiff, Atlantic Casualty Insurance Company (“Atlantic”), hereby affirms the following
under penalties of perjury:
1. This affirmation is submitted in further support of Atlantic’s motion for
clarification and/or revision of the Court’s order, dated July 1, 2021, and in reply to Defendant’s
opposition to the same.
2. As explained in our moving papers, it is our understanding that this Court did not
strike Atlantic’s note of issue and that there is no need for Atlantic to file another note of issue
before the extended deadline. However, we are concerned that the 7/7/21 Order could potentially
be construed as implicitly finding that Atlantic’s 6/11/21 Note of Issue is vacated and/or void.
3. Defendant, in its opposition states that “Plaintiff by its papers exhibits its
comprehension of the current procedural status of the case.” In other words, Defendant agrees
with our understanding of the current procedural posture, i.e. that Atlantic’s 6/11/21 Note of Issue
was not vacated, that there is no need for Atlantic to file a further note of issue, and that the
deadlines triggered by Atlantic’s 6/11/21 Note of Issue remain in effect.
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FILED: KINGS COUNTY CLERK 09/09/2021 03:13 PM INDEX NO. 510798/2018
NYSCEF DOC. NO. 367 RECEIVED NYSCEF: 09/09/2021
4. However, for the reasons discussed in our moving papers, we do believe that there
is potential for confusion as a result of the 7/7/21 Order and that it would be helpful for the Court
to confirm our (and apparently Defendant’s) understanding that the 6/11/21 Note of Issue remains
in effect, that no further note of issue is required, and that all deadlines triggered by a note of issue
are triggered by the 6/11/21 Note of Issue. We believe that doing so will help avoid any potential
confusion and possibly more contentious motion practice down the line.
WHEREFORE, it is respectfully requested that this Court grant the within motion, together
with such other and further relief as this Court deems just, equitable and proper.
Dated: White Plains, New York
September 9, 2021
Keidel, Weldon & Cunningham, LLP
By: ________________________________
Debra M. Krebs, 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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FILED: KINGS COUNTY CLERK 09/09/2021 03:13 PM INDEX NO. 510798/2018
NYSCEF DOC. NO. 367 RECEIVED NYSCEF: 09/09/2021
WORD COUNT CERTIFICATION
I hereby certify pursuant to 22 NYCRR 202.8-b that the total number of words in the
foregoing Affirmation in Support of Motion, inclusive of point headings and footnotes and
exclusive of caption, signature blocks, and pages containing the table of contents, table of citations
and this Statement is 341 which is in compliance with NYCRR 202.8-b.
Dated: White Plains, New York
September 9, 2021
KEIDEL, WELDON & CUNNINGHAM, LLP
By:
Debra M. Krebs, Esq.
Attorneys for Plaintiff
Atlantic Casualty Insurance Company
925 Westchester Avenue, Suite 400
White Plains, New York 10604
(914) 948-7000
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Preview
FILED: KINGS COUNTY CLERK 09/09/2021 03:13 PM INDEX NO. 510798/2018 NYSCEF DOC. NO. 367 RECEIVED NYSCEF: 09/09/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ATLANTIC CASAULTY INSURANCE COMPANY, Index No.: 510798/2018 Plaintiff, v. REPLY AFFIRMATION IN FURTHER SUPPORT OF EASTERN FRUIT & VEGETABLES INC. MOTION Defendant. DEBRA M. KREBS, ESQ., an attorney duly admitted to practice law in the courts of the State of New York, and a partner in the law firm Keidel, Weldon & Cunningham, LLP, counsel for Plaintiff, Atlantic Casualty Insurance Company (“Atlantic”), hereby affirms the following under penalties of perjury: 1. This affirmation is submitted in further support of Atlantic’s motion for clarification and/or revision of the Court’s order, dated July 1, 2021, and in reply to Defendant’s opposition to the same. 2. As explained in our moving papers, it is our understanding that this Court did not strike Atlantic’s note of issue and that there is no need for Atlantic to file another note of issue before the extended deadline. However, we are concerned that the 7/7/21 Order could potentially be construed as implicitly finding that Atlantic’s 6/11/21 Note of Issue is vacated and/or void. 3. Defendant, in its opposition states that “Plaintiff by its papers exhibits its comprehension of the current procedural status of the case.” In other words, Defendant agrees with our understanding of the current procedural posture, i.e. that Atlantic’s 6/11/21 Note of Issue was not vacated, that there is no need for Atlantic to file a further note of issue, and that the deadlines triggered by Atlantic’s 6/11/21 Note of Issue remain in effect. 1 1 of 3 FILED: KINGS COUNTY CLERK 09/09/2021 03:13 PM INDEX NO. 510798/2018 NYSCEF DOC. NO. 367 RECEIVED NYSCEF: 09/09/2021 4. However, for the reasons discussed in our moving papers, we do believe that there is potential for confusion as a result of the 7/7/21 Order and that it would be helpful for the Court to confirm our (and apparently Defendant’s) understanding that the 6/11/21 Note of Issue remains in effect, that no further note of issue is required, and that all deadlines triggered by a note of issue are triggered by the 6/11/21 Note of Issue. We believe that doing so will help avoid any potential confusion and possibly more contentious motion practice down the line. WHEREFORE, it is respectfully requested that this Court grant the within motion, together with such other and further relief as this Court deems just, equitable and proper. Dated: White Plains, New York September 9, 2021 Keidel, Weldon & Cunningham, LLP By: ________________________________ Debra M. Krebs, 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 3 FILED: KINGS COUNTY CLERK 09/09/2021 03:13 PM INDEX NO. 510798/2018 NYSCEF DOC. NO. 367 RECEIVED NYSCEF: 09/09/2021 WORD COUNT CERTIFICATION I hereby certify pursuant to 22 NYCRR 202.8-b that the total number of words in the foregoing Affirmation in Support of Motion, inclusive of point headings and footnotes and exclusive of caption, signature blocks, and pages containing the table of contents, table of citations and this Statement is 341 which is in compliance with NYCRR 202.8-b. Dated: White Plains, New York September 9, 2021 KEIDEL, WELDON & CUNNINGHAM, LLP By: Debra M. Krebs, Esq. Attorneys for Plaintiff Atlantic Casualty Insurance Company 925 Westchester Avenue, Suite 400 White Plains, New York 10604 (914) 948-7000 3 3 of 3