On March 11, 2020 a
Exhibit,Appendix
was filed
involving a dispute between
Barbara U. Collyer,
Frank F. And Barbara U. Collyer, Iii Revocable Inter Vivos Trust,
and
Cfcu Community Credit Union,
Danielle M. Lavigne,
New York Centraul Mutual Fire Insurance Company,
Town Of Lansing,
for Torts - Other (equitable)
in the District Court of Tompkins County.
Preview
FILED: TOMPKINS COUNTY CLERK 10/07/2020 03:51 PM INDEX NO. EF2020-0162
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 10/07/2020
CI2020-14168 Index # : EF2020-0162
FILED: TOMPKINS COUNTY CLERK 10/07/2020 03:51 PM INDEX NO. EF2020-0162
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 10/07/2020
Index #: EF2020-0162
Cl2020-14168
TRUE, WALSH & SOKONI, LLP
Attorneys-at-Law
South Hill
Business Campus
Peterl. Walsh Bensaude"
950 Danby Road, Suite 310 Mahre Denis
Sally T. True lthaca.New York 14850 Correspondent in Paris,
France
Eh=:dildleMvunga Sokoni
Telephone: (607)273-2301
Fax: (607]272-1901*
•s-re.grarmsøaww.em.eue ••asnan,dmenchar••tra•teamensw
rork
Femail:pjw@truewalshlaw.com
Web: www.truewalshlaw.com
June 19, 2020
By e-maiil: cercone@ruppbaase.com
and by US Postal Service
Marco Cercone, Esq.
Rupp, Baase, Pfalzgraf, Cunningham, LLC
1600 Liberty Building
424 Main Street
Buffalo, NY 14202
Re: Collver v. LaVigne
Index No.: EF2020-0162
Your File No.: 005.24077
Dear Mr. Cercone:
Thank you for your document response in the above, sent by FedEx on June 17, 2020, and
received here June 18, 2020. We were able to open and access the materials on the three USB drives
enclosed. Two points:
First,we do not accept thatthere may be any objection on grounds of relevance to any of the
items required by our April 27 subpaana duces tecum. No objection of any nature was made
pursuant to CPLR R. 3122, so any such potential objection has been waived. And where the
complaint and cross-claims put at issue your client's good faith and punitive daregcs, all the
activities of the insurer in adjusting the claim are relevant areas of inquiry, as are prior complaints
against the insurer and itsfinancials. And of course, anything is fairground for inquiry ifit might
lead to relevant information.
Second, the response furnished isonly partial. Fellowing are deficiencies observed:
1. Whole categories of requests listedon Schedule A to the abpeers were omitted, but withcut
provision of the signed sta'cmet that there are no responsive documenta Those
indisting
categories include:
a. No. 1 (applications for insurance policy and supporting doe-scrts);
b. No. 5 (premium notices, etc.);
c. No. 10 (directions, inv6ices, in connection with investigation);
FILED: TOMPKINS COUNTY CLERK 10/07/2020 03:51 PM INDEX NO. EF2020-0162
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 10/07/2020
Index #: EF2020-0162
C12020-14168
Marco Cercone, Esq.
June 19, 2020
Page 2
Re: Collyer v. LaVigne
d. No. 18 (correspondence with counsel to plaintiffs);
e. No. 20 (allintra-company e-mails, etc.);
f. No. 21 (allcommunications between insurer and agent);
g. No. 22 (any direction given with respect to management of the claim);
h. No. 23 (complaints or investigations going back five years);
i. No. 24 (charges under GBL 349);
J. No. 25 (settlements, fines, etc.);
k. No. 26 (financials);
l. No. 27 (organization chart).
2. No drafts (in native format) of any kind were furnished.
3. The privilege log shows redectiõñs for certain documents, but the docñscñts themselves
were not furnished, and there is not full correspondence between the privilege log and the
claim notes.
4. The print of claim notes supplied was pulled and dated September I6, 2018, and ends at that
date, when there clearly was activity beyond thatdate, including allof 2019 and fivemonths
of 2020.
Accontimgly, we invite you to make a supplamatal spo=e, remedying the deficiencias
noted, and suggest that a retum date of June 26 is a reasonable period within which toaccomplish
this. We look forward to your response.
Sincerely yours,
True, Wal Sokoni, LLP
By:
Peter J. Walsh
cc: (by e-mail only)
Luciano L. Lama ciano@lamalaw.com
Rachel Abbon rabbott@cglawoffices.com
Guy K. Krogh skrogh@thalerandthaler.com
FWIN01425 Lane
Sperry v Danielle)hCemspondence\2006
(CeB3er t9IIcercome
rediscoury pjwwpe
respose
Document Filed Date
October 07, 2020
Case Filing Date
March 11, 2020
Category
Torts - Other (equitable)
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Preview
FILED: TOMPKINS COUNTY CLERK 10/07/2020 03:51 PM INDEX NO. EF2020-0162 NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 10/07/2020 CI2020-14168 Index # : EF2020-0162 FILED: TOMPKINS COUNTY CLERK 10/07/2020 03:51 PM INDEX NO. EF2020-0162 NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 10/07/2020 Index #: EF2020-0162 Cl2020-14168 TRUE, WALSH & SOKONI, LLP Attorneys-at-Law South Hill Business Campus Peterl. Walsh Bensaude" 950 Danby Road, Suite 310 Mahre Denis Sally T. True lthaca.New York 14850 Correspondent in Paris, France Eh=:dildleMvunga Sokoni Telephone: (607)273-2301 Fax: (607]272-1901* •s-re.grarmsøaww.em.eue ••asnan,dmenchar••tra•teamensw rork Femail:pjw@truewalshlaw.com Web: www.truewalshlaw.com June 19, 2020 By e-maiil: cercone@ruppbaase.com and by US Postal Service Marco Cercone, Esq. Rupp, Baase, Pfalzgraf, Cunningham, LLC 1600 Liberty Building 424 Main Street Buffalo, NY 14202 Re: Collver v. LaVigne Index No.: EF2020-0162 Your File No.: 005.24077 Dear Mr. Cercone: Thank you for your document response in the above, sent by FedEx on June 17, 2020, and received here June 18, 2020. We were able to open and access the materials on the three USB drives enclosed. Two points: First,we do not accept thatthere may be any objection on grounds of relevance to any of the items required by our April 27 subpaana duces tecum. No objection of any nature was made pursuant to CPLR R. 3122, so any such potential objection has been waived. And where the complaint and cross-claims put at issue your client's good faith and punitive daregcs, all the activities of the insurer in adjusting the claim are relevant areas of inquiry, as are prior complaints against the insurer and itsfinancials. And of course, anything is fairground for inquiry ifit might lead to relevant information. Second, the response furnished isonly partial. Fellowing are deficiencies observed: 1. Whole categories of requests listedon Schedule A to the abpeers were omitted, but withcut provision of the signed sta'cmet that there are no responsive documenta Those indisting categories include: a. No. 1 (applications for insurance policy and supporting doe-scrts); b. No. 5 (premium notices, etc.); c. No. 10 (directions, inv6ices, in connection with investigation); FILED: TOMPKINS COUNTY CLERK 10/07/2020 03:51 PM INDEX NO. EF2020-0162 NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 10/07/2020 Index #: EF2020-0162 C12020-14168 Marco Cercone, Esq. June 19, 2020 Page 2 Re: Collyer v. LaVigne d. No. 18 (correspondence with counsel to plaintiffs); e. No. 20 (allintra-company e-mails, etc.); f. No. 21 (allcommunications between insurer and agent); g. No. 22 (any direction given with respect to management of the claim); h. No. 23 (complaints or investigations going back five years); i. No. 24 (charges under GBL 349); J. No. 25 (settlements, fines, etc.); k. No. 26 (financials); l. No. 27 (organization chart). 2. No drafts (in native format) of any kind were furnished. 3. The privilege log shows redectiõñs for certain documents, but the docñscñts themselves were not furnished, and there is not full correspondence between the privilege log and the claim notes. 4. The print of claim notes supplied was pulled and dated September I6, 2018, and ends at that date, when there clearly was activity beyond thatdate, including allof 2019 and fivemonths of 2020. Accontimgly, we invite you to make a supplamatal spo=e, remedying the deficiencias noted, and suggest that a retum date of June 26 is a reasonable period within which toaccomplish this. We look forward to your response. Sincerely yours, True, Wal Sokoni, LLP By: Peter J. Walsh cc: (by e-mail only) Luciano L. Lama ciano@lamalaw.com Rachel Abbon rabbott@cglawoffices.com Guy K. Krogh skrogh@thalerandthaler.com FWIN01425 Lane Sperry v Danielle)hCemspondence\2006 (CeB3er t9IIcercome rediscoury pjwwpe respose