On June 08, 2020 a
Motion,Ex Parte
was filed
involving a dispute between
E.E. Cruz & Company, Inc.,
and
Starr Surplus Lines Insurance Company,
for Commercial - Insurance
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 01/12/2021 02:37 PM INDEX NO. 652321/2020
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/12/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--------------------------------------------- ¬--------X Index No.: 652321/2020
E.E. CRUZ & COMPANY, INC.,
Plaintiff, _NOTICE OF MOTION
-against-
STARR SURPLUS LINES INSURANCE COMPANY,
Defendant.
------- ---------------------------------------------X
PLEASE TAKE NOTICE, that upon the Affirmation of Charles J. Rocco, dated January
12, 2021, and the exhibits annexed thereto, and upon the pleadings and proceedings heretofore had
herein, Defendant STARR SURPLUS LINES INSURANCE COMPANY by and through its
attorneys Foran Glennon Palandech Ponzi & Rudloff, P.C., will move this Court at the Motion
Submission Part, Room 130, located at Supreme Court, New York County, 60 Centre Street, New
1"
York, New York, on the day of February, 2021 at 9:30 o'clock in the forenoon of that day, or
as soon thereafter as counsel can be heard, for an Order pursuant to CPLR §3211(a)(7) dismissing
Plaintiff's first,fourth, and fifth causes of action, as well as the portions of Plaintiff's second and
third causes of action alleging breach of the implied covenant of good faith and fair dealing and
consequential damages, as pleaded in Plaintiff's Complaint, and for such other and further relief
as the Court deems proper.
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR §2214(b) all answering
papers, if any, must be served upon the undersigned at least seven (7) days prior to the return date of
this motion.
Dated: New York, New York
January 12, 2021
1 of 2
FILED: NEW YORK COUNTY CLERK 01/12/2021 02:37 PM INDEX NO. 652321/2020
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/12/2021
Yours, etc.
FORAN GLENNON PALANDECH
PONZI & RUDLOFF, P.C.
By: co-ac..,.acc.
Charles J. Rocco, Esq.
Attorneys for Defendant
Starr Surplus Lines Insurance Company
- 54th
40 Wall Street FlOOr
New York, New York 10005
T: (212) 257-7100/F: (212) 257-7199
TO:
Gregory D. Podolak
SAXE DOERNBERGER & VITA, P.C.
Attorneys for Plaintiff
35 Nutmeg Drive, Suite 140
Trumbull, Connecticut 06611
Tel: (203) 287-2100
gdp@sdylaw.com
2 of 2
Document Filed Date
January 12, 2021
Case Filing Date
June 08, 2020
Category
Commercial - Insurance
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Preview
FILED: NEW YORK COUNTY CLERK 01/12/2021 02:37 PM INDEX NO. 652321/2020 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/12/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------- ¬--------X Index No.: 652321/2020 E.E. CRUZ & COMPANY, INC., Plaintiff, _NOTICE OF MOTION -against- STARR SURPLUS LINES INSURANCE COMPANY, Defendant. ------- ---------------------------------------------X PLEASE TAKE NOTICE, that upon the Affirmation of Charles J. Rocco, dated January 12, 2021, and the exhibits annexed thereto, and upon the pleadings and proceedings heretofore had herein, Defendant STARR SURPLUS LINES INSURANCE COMPANY by and through its attorneys Foran Glennon Palandech Ponzi & Rudloff, P.C., will move this Court at the Motion Submission Part, Room 130, located at Supreme Court, New York County, 60 Centre Street, New 1" York, New York, on the day of February, 2021 at 9:30 o'clock in the forenoon of that day, or as soon thereafter as counsel can be heard, for an Order pursuant to CPLR §3211(a)(7) dismissing Plaintiff's first,fourth, and fifth causes of action, as well as the portions of Plaintiff's second and third causes of action alleging breach of the implied covenant of good faith and fair dealing and consequential damages, as pleaded in Plaintiff's Complaint, and for such other and further relief as the Court deems proper. PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR §2214(b) all answering papers, if any, must be served upon the undersigned at least seven (7) days prior to the return date of this motion. Dated: New York, New York January 12, 2021 1 of 2 FILED: NEW YORK COUNTY CLERK 01/12/2021 02:37 PM INDEX NO. 652321/2020 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/12/2021 Yours, etc. FORAN GLENNON PALANDECH PONZI & RUDLOFF, P.C. By: co-ac..,.acc. Charles J. Rocco, Esq. Attorneys for Defendant Starr Surplus Lines Insurance Company - 54th 40 Wall Street FlOOr New York, New York 10005 T: (212) 257-7100/F: (212) 257-7199 TO: Gregory D. Podolak SAXE DOERNBERGER & VITA, P.C. Attorneys for Plaintiff 35 Nutmeg Drive, Suite 140 Trumbull, Connecticut 06611 Tel: (203) 287-2100 gdp@sdylaw.com 2 of 2