Preview
FILED: NASSAU COUNTY CLERK 01/26/2023 04:27 PM INDEX NO. 610946/2022
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 01/26/2023
EXHIBIT
“C”
FILED: NASSAU COUNTY CLERK 01/26/2023 04:27 PM INDEX NO. 610946/2022
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 01/26/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
______________________________________________________Ç
MASUDA BEGUM and MOTASHEM BILLAH,
Index No.: 610946/2022
Plaintiffs,
-against-
AFFIDAVIT OF
SHARON JANKIEWICZ
IN OPPOSITION TO
ASSOCIATED MUTUAL INSURANCE
DEFAULT MOTION
COOPERATIVE, EARNHARDT ADJUSTMENT CO.,
AND IN SUPPORT OF
INC., and ALL DRY USA,
CROSS-MOTION
Defendants.
_________________________________________x
SHARON L. JANKIEWICZ, being duly sworn deposes and states as follows under the
penalties of perjury:
1. At all times relevant I was and still am the Vice President-Claims for Associated
Mutual Insurance Cooperative, and was on the .
2. I submit this affidavit in opposition to plaintiff's motion for a default judgment
against Associated Mutual, and in support of Associated Mutual's cross motion for an Order
directing plaintiffs to accept Associated Mutual's answer so that the matter can be litigated and
decided on themerits.
3. As the Vice President-Claims, my responsibilities include, among other things,
receiving and reviewing legal papers in lawsuits served on Associated Mutual.
4. If a summons and complaint in a lawsuit against Associated Mutual is served on
Associated Mutual, I assign counsel to appear and defend Associated Mutual's interests in that
lawsuit.
5. Associated Mutual was never served with a summons and complaint in the within
lawsuit.
{01244121.DOCX /}
FILED: NASSAU COUNTY CLERK 01/26/2023 04:27 PM INDEX NO. 610946/2022
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 01/26/2023
6. Had Associated Mutual been served with a summons and complaint in the within
lawsuit, counsel would have been assigned to appear and defend itsinterests in the lawsuit.
7. Associated Mutual's attorney has advised me that plaintiffs have filed an "Affidavit
Diligence"
of Due with the Court in which itis alleged that their process server "could not effect
service"
on Associated Mutual at itsbusiness address, and that this affidavit lists three dates and
times when it allegedly attempted this service: September 17, 2022 at 10:21 am; September 19,
2022 at 12:45 pm; and September 21, 2022 at 3:34 pm.
"attempts,"
8. It isnoted that one of the dates given for these alleged September 17,
2022, was a Saturday when Associated Mutual is not open for business.
9. As to the other two dates given, September 19, 2022 and September 21, 2022,
Associated Mutual was open for business, and itis the custom and practice of Associated Mutual
to receive papers delivered to itsbusiness premises.
10. Therefore, other than on September 17, 2022 when the business office was not
open, had anyone attempted to deliver papers to Associated Mutual at itsbusiness premises on
September 19, 2022 and/or on September 21, 2022, these papers would have been received by
someone on Associated Mutual's behalf.
11. Associated Mutual's attorney has also advised me that the plaintiff filed an
Affidavit of Service with the Court in which it isalleged that it served Associated Mutual "c/o
Services"
New York State Department of Financial by filing the summons and complaint on
October 17, 2022 at Office of General Counsel, One Commerce Plaza.
12. Associated Mutual never received any communication from the New York State
Department of Financial Services and/or the Office of General Counsel regarding any alleged
filing.
{01244121.DOCX /}
FILED: NASSAU COUNTY CLERK 01/26/2023 04:27 PM INDEX NO. 610946/2022
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 01/26/2023
13. Associated Mutual received the default papers in the within lawsuit by regular mail
at itsbusiness premises, and counsel was retained to defend itsinterests therein.
14. Associated Mutual's counsel has advised me that the plaintiffs have declined to
withdraw their motion for a default judgment and accept Associated Mutual's answer even though
Associated Mutual was never served with a summons and complaint in their lawsuit.
15. My understanding is that, by way of the within lawsuit, plaintiffs contend that
Associated Mutual's denial of a water damage claim under the Homeowner's Policy that
Associated Mutual issued to plaintiff Begum was improper.
16. The water damage claim was denied because the Homeowner's Policy issued to
plaintiff Begum had been rescinded and, therefore, was not in effect on the date of the subject loss.
plaintiffs'
17. Associated Mutual, therefore, maintains a meritorious defense to lawsuit
against it.
18. Because Associated Mutual was not served with the summons and complaint in the
within lawsuit, and also because it has a meritorious defense to the claims against ittherein,
plaintiffs'
motion should be denied; Associated Mutual's answer should be accepted; and the
within lawsuit allowed to be litigated and decided on itsmerits.
Dated: Garden City, New York
December 15 , 2022
ron 15JJahkiewhz-)
Sworn to before me this / 9
Day of December, 2022
N t Public
JOAN t. COUJNS
Notary Public, State of New York
Sullivan County
(Jc. #01cO4727121
Commission Expires April 30,20
{01244121.DOCX /}
Preview
FILED: NASSAU COUNTY CLERK 01/26/2023 04:27 PM INDEX NO. 610946/2022 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 01/26/2023 EXHIBIT “C” FILED: NASSAU COUNTY CLERK 01/26/2023 04:27 PM INDEX NO. 610946/2022 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 01/26/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ______________________________________________________Ç MASUDA BEGUM and MOTASHEM BILLAH, Index No.: 610946/2022 Plaintiffs, -against- AFFIDAVIT OF SHARON JANKIEWICZ IN OPPOSITION TO ASSOCIATED MUTUAL INSURANCE DEFAULT MOTION COOPERATIVE, EARNHARDT ADJUSTMENT CO., AND IN SUPPORT OF INC., and ALL DRY USA, CROSS-MOTION Defendants. _________________________________________x SHARON L. JANKIEWICZ, being duly sworn deposes and states as follows under the penalties of perjury: 1. At all times relevant I was and still am the Vice President-Claims for Associated Mutual Insurance Cooperative, and was on the . 2. I submit this affidavit in opposition to plaintiff's motion for a default judgment against Associated Mutual, and in support of Associated Mutual's cross motion for an Order directing plaintiffs to accept Associated Mutual's answer so that the matter can be litigated and decided on themerits. 3. As the Vice President-Claims, my responsibilities include, among other things, receiving and reviewing legal papers in lawsuits served on Associated Mutual. 4. If a summons and complaint in a lawsuit against Associated Mutual is served on Associated Mutual, I assign counsel to appear and defend Associated Mutual's interests in that lawsuit. 5. Associated Mutual was never served with a summons and complaint in the within lawsuit. {01244121.DOCX /} FILED: NASSAU COUNTY CLERK 01/26/2023 04:27 PM INDEX NO. 610946/2022 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 01/26/2023 6. Had Associated Mutual been served with a summons and complaint in the within lawsuit, counsel would have been assigned to appear and defend itsinterests in the lawsuit. 7. Associated Mutual's attorney has advised me that plaintiffs have filed an "Affidavit Diligence" of Due with the Court in which itis alleged that their process server "could not effect service" on Associated Mutual at itsbusiness address, and that this affidavit lists three dates and times when it allegedly attempted this service: September 17, 2022 at 10:21 am; September 19, 2022 at 12:45 pm; and September 21, 2022 at 3:34 pm. "attempts," 8. It isnoted that one of the dates given for these alleged September 17, 2022, was a Saturday when Associated Mutual is not open for business. 9. As to the other two dates given, September 19, 2022 and September 21, 2022, Associated Mutual was open for business, and itis the custom and practice of Associated Mutual to receive papers delivered to itsbusiness premises. 10. Therefore, other than on September 17, 2022 when the business office was not open, had anyone attempted to deliver papers to Associated Mutual at itsbusiness premises on September 19, 2022 and/or on September 21, 2022, these papers would have been received by someone on Associated Mutual's behalf. 11. Associated Mutual's attorney has also advised me that the plaintiff filed an Affidavit of Service with the Court in which it isalleged that it served Associated Mutual "c/o Services" New York State Department of Financial by filing the summons and complaint on October 17, 2022 at Office of General Counsel, One Commerce Plaza. 12. Associated Mutual never received any communication from the New York State Department of Financial Services and/or the Office of General Counsel regarding any alleged filing. {01244121.DOCX /} FILED: NASSAU COUNTY CLERK 01/26/2023 04:27 PM INDEX NO. 610946/2022 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 01/26/2023 13. Associated Mutual received the default papers in the within lawsuit by regular mail at itsbusiness premises, and counsel was retained to defend itsinterests therein. 14. Associated Mutual's counsel has advised me that the plaintiffs have declined to withdraw their motion for a default judgment and accept Associated Mutual's answer even though Associated Mutual was never served with a summons and complaint in their lawsuit. 15. My understanding is that, by way of the within lawsuit, plaintiffs contend that Associated Mutual's denial of a water damage claim under the Homeowner's Policy that Associated Mutual issued to plaintiff Begum was improper. 16. The water damage claim was denied because the Homeowner's Policy issued to plaintiff Begum had been rescinded and, therefore, was not in effect on the date of the subject loss. plaintiffs' 17. Associated Mutual, therefore, maintains a meritorious defense to lawsuit against it. 18. Because Associated Mutual was not served with the summons and complaint in the within lawsuit, and also because it has a meritorious defense to the claims against ittherein, plaintiffs' motion should be denied; Associated Mutual's answer should be accepted; and the within lawsuit allowed to be litigated and decided on itsmerits. Dated: Garden City, New York December 15 , 2022 ron 15JJahkiewhz-) Sworn to before me this / 9 Day of December, 2022 N t Public JOAN t. COUJNS Notary Public, State of New York Sullivan County (Jc. #01cO4727121 Commission Expires April 30,20 {01244121.DOCX /}