On May 24, 2018 a
Party Notice
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 11/11/2020 09:46 AM INDEX NO. 510798/2018
NYSCEF DOC. NO. 155 RECEIVED NYSCEF: 11/11/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
ATLANTIC CASUALTY INSURANCE COMPANY,
Plaintiff, Index No.: 510798/2018
v.
EASTERN FRUIT & VEGETABLES INC. ORDER WITH
NOTICE OF ENTRY
Defendants.
PLEASE TAKE NOTICE, that attached as Exhibit A is a true copy of an Order signed
by Hon. Lawrence Knipel, J.S.C. on November 4, 2020 and entered in the office of the Clerk of
the Supreme Court of the State of New York, County of Kings on November 9, 2020.
Dated: White Plains, New York
November 11, 2020
KEIDEL, WELDON & CUNNINGHAM, LLP
By:
Debra M. Krebs, Esq.
925 Westchester Avenue, Suite 400
Attorneys for Plaintiff
Atlantic Casualty Insurance Company
White Plains, NY 10604
Tel: (914) 948-7000
Fax: (914) 948-7010
To: L. Blake Morris & Associates
Attorneys for Defendant
Eastern Fruit & Vegetables
1214 Cortelyou Rd.
Brooklyn, NY 11218-5404
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NYSCEF DOC. NO. 155 RECEIVED NYSCEF: 11/11/2020
Exhibit A
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INDEX NO.
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510798 /2018
NYSCEF
N SCEF DOC.
000'. NO.
NO. 155
154 RECEIVED
RECEIVED NYSCEF:
NYSCEFi 11/11/2020
11/09/2020
mS
At a Centralized Com liance Part of the
Supreme Court of theÃŽtate of New York, held
in and for the County of Kings, at the
Courthouse, located atCivic Center Borough
of Brooklyn, City and State of New tork, on the
_4_day of November , 202q_
PRESENT:
HON. LAWRENCE KNIPEL Q t
CAL. NO. 1 O l
Justice/JHO
--------------------------------------- ------- X
AtlanticCasualty
Plaintiff(s), INDEX NO. 510798/18
-against- CONSENT
Eastern Fruit N DEF .-T ORDER ORDER
FTER ORAL ARGln T
Defendant(s)
------------------------------------------------------------X
The following pa ers number 1 to read on this motion Papers Numbered
Notice of Motion-brder to Show Cause
and Affidavits(Affirmations) Annexed
Answering Affidavit(Affinnation)
Reply Affidavit(Affirmation)
Affidavit(Affirmation)
Pleadings-Exhibits
Stipulations-Minutes
Filed Papers
Plaintiffs motion to strike and defendant's cross motion for a protective order are decided as
follows:
Plaintiff seeks to collect monies allegedly due pursuant to contracts entered into with defendant
forexcess insurance in 2016 and 2017. Plaintiff here moves to compel defendant to provide long
overdue responses to plaintiffs discovery and inspection demands, interrogatories and amended
notice to admit. Defendant has generally objected to the demands as over-broad and
cross-moved for a protective order generally asserting privilege, and averring that the responses
sought are burdensome, particularly in lightof the fact that defendant, a grocery store chain,
provides an essential function and has been unable to find the time and employees
For Clerk's Use Only ENTER:
MG Retracked:
MD O Standard
Motion Seq. # O Complex
1-2
J.S.C JJ.H.O.
PRINT FIRM NAME SIGNATURE
ATrORNEY FIRM by FOR PLAINTIFF(S)
ATFORNEY FIRM by FOR DEFENDANT(S)
ATTORNEY FIRM by. FOR DEFENDANT(S)
ATTORNEY FIRM by FOR DEFENDANT(S)
ATTORNEY FIRM by FOR DEFENDANT(S).
CAS-rev. 09-2014
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510798/2018
NYSCEF
N SCEF DOC.
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154 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 11/11/2020
11/09/2020
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510798/l8
-- DATE
PLAINTIFF Atlantic Casualty vs DEFENDANT Eastern Fruit
to search for responcivelocuments the 'nvid 19 crisis period
during
Upon review of the materials sought by plaintiff,defendant to provide the responses
following
by 1/7/21:
Respnnd tn lis1.13 ofplnintifPs 2mended notica to admit u hetherthaone+racts
(1) regarding
provided are the contracts of insurance between the parties and that the was authorized
signatory
to enter into the contracts. The remaining questions are inappropriate for a notice to admit as
during the contract periods, 2016 and 2017, providing specific legal / factual basis for any
objections as to each demand; specifically identify any items for which privilege is being claimed
and provide privilege log as to such items, and provide añldavit of diligent search as to those
documents to support any claims of payment of premiums.
Failure to comply shall result in preclusion or issue preclusion as may be appropriate.
Any reliet not specifically provided here isdenied.
Note of Issue to be filed by,áM$24,
ENTERED/SO ORDERED
J C
PAGE 2 of HON. W ENCE KNIPEL
SUPR ME OURT JUSTICE
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Document Filed Date
November 11, 2020
Case Filing Date
May 24, 2018
Category
Commercial - Contract
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