On September 07, 2018 a
Letter,Correspondence
was filed
involving a dispute between
Brian C. Prusik,
and
Geddes Federal Savings And Loan Association,
Liberty Mutual Insurance Group Inc.,
for Commercial Division
in the District Court of Onondaga County.
Preview
THE MATHEWS LAW FIRM 120 EAST WASHINGTON STREET
ATTORNEYS AT LAw 913-919 UNIVERSITY BUILDING
SYRACUSE, NEW YORK 13202
(315)471-2188
FAX(315)471-2138*
*Not for service of papers
DANIEL R MATHEWS 1904-1967
D R MATHEWS, JR. 1932-2001 October 28, 2019
DANIEL R MATHEWS III
EUGENE J. IPRANCHINI
Hon. Anthony J. Paris
Supreme Court Chambers
Onondaga County Courthouse
401 Montgomery Street
Syracuse, New York 13202
Re: Prusik v. Liberty Mutual Insurance, etc., etal
Index No.: E008588-2018
Dear Judge Paris:
As Your Honor is aware, I had submitted a Reply Affidavit with Exhibits on behalf of
Geddes Federal Savings and Loan Association dated August 21, 2019 and e-filed on August 21,
2019. Plaintiff's counsel has submitted a letter dated August 22, 2019 objecting to this Reply
Affidavit.
Please note that my Affidavit with exhibits annexed thereto is a Reply Affidavit in
opposition to co-defendant Liberty Mutual Insurance Company motion for "an order declaring
that Liberty Mutual is entitled to recover against Geddes under a right of subrogation, and in
addition, if there is a question of fact on the issue of theft, an order granting Liberty Mutual a
conditional order of judgment as follows: if it is ultimately detennined that a theft was not
committed, then Liberty Mutual does not owe coverage to Phintiff; and, if it is ultimately
determined that Geddes committed a theft and Liberty Mutual owes coverage, then Liberty
Mutual is entitled to judgment against Geddes". The Court may consider the Affidavit and
exhibits upon its search of the record in accordance with CPLR §3212 (b). The Affidavit is an
appropriate Reply Affidavit to the Liberty Mutual cross-motion, and should be considered.
Thanking you for your time and consideration in this regard, I rem
Re e
aniel F. Mathews, III
DFM/sf
CC: Stephen P. Burke, Esq. (via e-mail)
Kevin R. Van Duser, Esq., (via ea-mail)
Document Filed Date
October 28, 2019
Case Filing Date
September 07, 2018
Category
Commercial Division
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THE MATHEWS LAW FIRM 120 EAST WASHINGTON STREET ATTORNEYS AT LAw 913-919 UNIVERSITY BUILDING SYRACUSE, NEW YORK 13202 (315)471-2188 FAX(315)471-2138* *Not for service of papers DANIEL R MATHEWS 1904-1967 D R MATHEWS, JR. 1932-2001 October 28, 2019 DANIEL R MATHEWS III EUGENE J. IPRANCHINI Hon. Anthony J. Paris Supreme Court Chambers Onondaga County Courthouse 401 Montgomery Street Syracuse, New York 13202 Re: Prusik v. Liberty Mutual Insurance, etc., etal Index No.: E008588-2018 Dear Judge Paris: As Your Honor is aware, I had submitted a Reply Affidavit with Exhibits on behalf of Geddes Federal Savings and Loan Association dated August 21, 2019 and e-filed on August 21, 2019. Plaintiff's counsel has submitted a letter dated August 22, 2019 objecting to this Reply Affidavit. Please note that my Affidavit with exhibits annexed thereto is a Reply Affidavit in opposition to co-defendant Liberty Mutual Insurance Company motion for "an order declaring that Liberty Mutual is entitled to recover against Geddes under a right of subrogation, and in addition, if there is a question of fact on the issue of theft, an order granting Liberty Mutual a conditional order of judgment as follows: if it is ultimately detennined that a theft was not committed, then Liberty Mutual does not owe coverage to Phintiff; and, if it is ultimately determined that Geddes committed a theft and Liberty Mutual owes coverage, then Liberty Mutual is entitled to judgment against Geddes". The Court may consider the Affidavit and exhibits upon its search of the record in accordance with CPLR §3212 (b). The Affidavit is an appropriate Reply Affidavit to the Liberty Mutual cross-motion, and should be considered. Thanking you for your time and consideration in this regard, I rem Re e aniel F. Mathews, III DFM/sf CC: Stephen P. Burke, Esq. (via e-mail) Kevin R. Van Duser, Esq., (via ea-mail)