Summons: E.E. Cruz & Company, Inc. v. Starr Surplus Lines Insurance Company

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                                FILED:         NEW     YORK       COUNTY        CLERK        06/08/2020             03:26        PM                 INDEX    NO.   652321/2020
   NYSCEF     DOC.   NO.   1                                                                                  RECEIVED      NYSCEF:     06/08/2020




                   SUPREME COURT OF THE STATE OF NEW YORK
                   COUNTY OF NEW YORK
                   ---------------------------------------------------------------------X

                   E.E. CRUZ & COMPANY, INC.,                                                    SUMMONS WITH NOTICE

                                                       Plaintiff,
                                                                                                 Index No.:
                   -vs-

                   STARR SURPLUS LINES INSURANCE COMPANY,                                        Date Index No. Purchased:

                                                       Defendant.
                   ---------------------------------------------------------------------X


                  To the Entity Named as Defendant Above:

                           PLEASE TAKE NOTICE THAT YOU ARE HEREBY SUMMONED to appear in this
                  action   by  serving    a  notice   of appearance       on  the   Plaintiff  at the  address     set  forth  below
                  within 20 days after the service of this Summons (not counting the day of service itself),
                  or  within   30  days    after  service   is  complete     if the  summons       is  not  delivered    personally
                  within the State of New York.

                           YOU     ARE    HEREBY        NOTIFIED        THAT     should    you   fail  to answer      or  appear,    a
                  judgment will be entered against you by default for the relief demanded below.

                  Dated: June 8, 2020

                                                                                 Gregory D. Podolak
                                                                                 Saxe Doernberger & Vita, P.C.
                                                                                 35 Nutmeg Drive, Suite 140
                                                                                 Trumbull, Connecticut 06611
                                                                                 Tel.: (203) 287-2100
                                                                                 gdp@sdvlaw.com


                  Defendant’s Address:
                  Starr Surplus Lines Insurance Company
                  Legal Department
                  399 Park Avenue
                  New York, NY 10222




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   FILED:         NEW     YORK       COUNTY        CLERK        06/08/2020             03:26        PM                 INDEX    NO.   652321/2020
   NYSCEF     DOC.   NO.   1                                                                                  RECEIVED      NYSCEF:     06/08/2020




                  Notice:

                  The nature of this action is:

                           Plaintiff  E.E.   Cruz   &   Company,      Inc.   (“Cruz”)   files  this declaratory     judgment      and

                  breach     of  contract    action    against    Starr   Surplus     Lines    Insurance      Company       (“Starr”)

                  seeking     coverage     under    the  Builder’s    Risk   Policy   (Policy    No.SLSTCON11432617)(the

                  “Policy”) that Starr issued to Cruz for property damage and related impact damages that

                  occurred     at  the  Region     8 Bridge    Replacements         Project   (E.  3rd   Street   and   Hutchinson

                  River   Parkway,     Pelham,     NY    10461,    and   Route    987D    over   Saw    Mill River,   Greenburgh,

                  NY 10523).

                           Starr   breached     the   terms    of the   Policy   and   the   covenant     of  good    faith  and   fair

                  dealing by wrongfully denying coverage for most of the losses covered by the Policy.

                           Cruz seeks a declaration that it is entitled to coverage under the Policy for property

                  damage      and   all losses    associated     therewith.     Cruz    also  seeks    damages       and   equitable

                  relief  for  Starr’s  breach     of  contract    and   breach    of  the  covenant      of  good    faith and    fair

                  dealing.

                  The relief sought is:

                           1)  A  judicial   determination      that  Starr   is required     to provide    coverage      under    the

                  Policy for all covered losses;

                           2) Judgment in favor of Cruz for breach of contract and breach of the covenant of

                  good faith and fair dealing in an amount equal to a) all Cruz’s costs and damages arising

                  from    the  covered     losses;    b)  interest;    c)  consequential       damages;      and    d)  reasonable

                  attorney’s fees and costs; and,

                           3) Such additional amounts as the Court may deem reasonable.



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   FILED:         NEW     YORK       COUNTY        CLERK        06/08/2020             03:26        PM                 INDEX    NO.   652321/2020
   NYSCEF     DOC.   NO.   1                                                                                  RECEIVED      NYSCEF:     06/08/2020




                           Should Defendant fail to appear herein, judgment will be entered by default for the

                  sum of $4,285,615.53, with           interest from the date of May 12, 2020 and the costs of this

                  action.

                           Venue:      Plaintiff  designates     New    York   County     as  the   place   of trial. The   basis   of

                  this designation is Plaintiff’s principal place of business is in New York County.

                  Dated: June 8, 2020



                                                                        Gregory D. Podolak
                                                                        Saxe Doernberger & Vita, P.C.
                                                                        35 Nutmeg Drive, Suite 140
                                                                        Trumbull, Connecticut 06611
                                                                        (203) 287-2100
                                                                        gdp@sdvlaw.com
                                                                        Attorneys for Plaintiff E.E. Cruz & Company, Inc.




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