On June 03, 2022 a
Motion,Ex Parte
was filed
involving a dispute between
Hudson Excess Insurance Company,
and
Certain Underwriters At Lloyd'S London Subscribing To Policy No. Lcc-000058,
for Commercial - Insurance
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 10/27/2022 10:29 AM INDEX NO. 656604/2022
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/27/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
HUDSON EXCESS INSURANCE COMPANY, Index No.: 656604/2022
Plaintiff,
-against- NOTICE OF MOTION
CERTAIN UNDERWRITERS AT LLOYD’S LONDON
subscribing to Policy No. LCC-000058,
Defendant.
PLEASE TAKE NOTICE THAT upon the annexed Affirmation of Michael F.
Panayotou, Esq. dated October 27, 2022, the exhibits annexed thereto, the Statement of Material
Facts, and all of the pleadings and proceedings heretofore had herein, plaintiff Hudson Excess
Insurance Company (“Hudson” or “Plaintiff”) will respectfully move this Court in the Centralized
Motion Part located at Room 130, in the Courthouse located at 60 Centre Street, New York, New
York 10007 on the 16th day of December, 2022, at 9:30 o’clock in the forenoon of that day or as
soon thereafter as Plaintiffs may be heard for an Order pursuant to CPLR Sections 3001 and 3212
granting summary judgment to Hudson as follows: (1) declaring that the Hudson Excess Policy is
excess over a certain primary policy issued by Certain Underwriters at Lloyd’s London subscribing
to Policy No. LCC-000058 (“Underwriters”) with respect to a certain underlying action pending
in New York Supreme Court, Bronx County captioned Edwin Mena v. 485 Seventh Avenue
Associates LLC, et al. (Index No. 20345/2017E), and (2) for such other and further relief as the
Court deems just, proper, and equitable.
1
1 of 2
FILED: NEW YORK COUNTY CLERK 10/27/2022 10:29 AM INDEX NO. 656604/2022
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/27/2022
PLEASE TAKE FURTHER NOTICE THAT pursuant to CPLR §2214, answering
affirmations and any notice of cross-motion, with supporting papers, if any, shall be served upon
the undersigned at least seven (7) days prior to the return date of this motion.
Dated: New York, New York
October 27, 2022
Yours, etc.
MELITO & ADOLFSEN P.C.
By: /s/ Michael F. Panayotou
Ignatius John Melito, Esq.
Michael F. Panayotou, Esq.
Attorneys for Plaintiff
233 Broadway – Suite 2070
New York, New York 10279
Tel. No.: (212) 238-8900
TO: All Counsel of Record, via NYSCEF
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2 of 2
Document Filed Date
October 27, 2022
Case Filing Date
June 03, 2022
Category
Commercial - Insurance
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Preview
FILED: NEW YORK COUNTY CLERK 10/27/2022 10:29 AM INDEX NO. 656604/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/27/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK HUDSON EXCESS INSURANCE COMPANY, Index No.: 656604/2022 Plaintiff, -against- NOTICE OF MOTION CERTAIN UNDERWRITERS AT LLOYD’S LONDON subscribing to Policy No. LCC-000058, Defendant. PLEASE TAKE NOTICE THAT upon the annexed Affirmation of Michael F. Panayotou, Esq. dated October 27, 2022, the exhibits annexed thereto, the Statement of Material Facts, and all of the pleadings and proceedings heretofore had herein, plaintiff Hudson Excess Insurance Company (“Hudson” or “Plaintiff”) will respectfully move this Court in the Centralized Motion Part located at Room 130, in the Courthouse located at 60 Centre Street, New York, New York 10007 on the 16th day of December, 2022, at 9:30 o’clock in the forenoon of that day or as soon thereafter as Plaintiffs may be heard for an Order pursuant to CPLR Sections 3001 and 3212 granting summary judgment to Hudson as follows: (1) declaring that the Hudson Excess Policy is excess over a certain primary policy issued by Certain Underwriters at Lloyd’s London subscribing to Policy No. LCC-000058 (“Underwriters”) with respect to a certain underlying action pending in New York Supreme Court, Bronx County captioned Edwin Mena v. 485 Seventh Avenue Associates LLC, et al. (Index No. 20345/2017E), and (2) for such other and further relief as the Court deems just, proper, and equitable. 1 1 of 2 FILED: NEW YORK COUNTY CLERK 10/27/2022 10:29 AM INDEX NO. 656604/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/27/2022 PLEASE TAKE FURTHER NOTICE THAT pursuant to CPLR §2214, answering affirmations and any notice of cross-motion, with supporting papers, if any, shall be served upon the undersigned at least seven (7) days prior to the return date of this motion. Dated: New York, New York October 27, 2022 Yours, etc. MELITO & ADOLFSEN P.C. By: /s/ Michael F. Panayotou Ignatius John Melito, Esq. Michael F. Panayotou, Esq. Attorneys for Plaintiff 233 Broadway – Suite 2070 New York, New York 10279 Tel. No.: (212) 238-8900 TO: All Counsel of Record, via NYSCEF 2 2 of 2