On May 11, 2018 a
Exhibit,Appendix
was filed
involving a dispute between
Zurich American Insurance Company,
and
First Specialty Insurance Corporation,
Western Beef Properties, Inc.,
Western Beef Retail, Inc.,
for Commercial - Insurance
in the District Court of New York County.
Preview
FILED:
FILED: NEW
NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 11/26/2019
11/01/2019 10:11
12:38 AM
PM)
INDEX
INDEX NO.
NO. 652336/2018
652336/2018
NYSCEF
NYSCEF DOC. NO.
DOC. NO. 70
66 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 11/26/2019
11/01/2019
SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
PRESENT: HON. DEBRA A. JAMES PART IAS MOTION 59EFM
Justice
_____________ ----------X
INDEX NO. 652336/2018
ZURICH AMERICAN INSURANCE COMPANY,
MOTION DATE 10/29/2019
Plaintiff,
MOTION SEQ. NO. 003
- V -
FIRST SPECIALTY INSURANCE CORPORATION,
WESTERN BEEF RETAIL, INC., and WESTERN BEEF DECISION + ORDER ON
PROPERTIES, INC., MOTION
Defendants.
-______ --------- X
The following e-filed documents, listed by NYSCEF document number (Motion 003) 57, 58, 59, 61, 62,
63, 64, 65
were read on this motion to/for DISCOVERY ___
ORDER
Upon the foregoing documents, it is
ORDERED that the motion of plaintiff Zurich American
Insurance Company to renew its motion to compel Non-Party Robert
E. Brown, P.C. (the "Brown Firm") to provide a complete response
to Zurich's Brown Firm File Documents Subpoena Request pursuant to
CPLR 2221(e) is granted; and it is further
ORDERED that Non-Party Robert E. Brown, P.C. shall produce
the Brown Firm File Documents within 20 days from service,
including upon Non-Party Robert E. Brown, P.C. by overnight
courier, of a copy of this order, with notice of entry.
652336i2ui8 ZURICH AMERICAN INSURANCE vs. FIRST SPECIALTY INSU¤_ANCE Page 1 of 2
Motion No. 003
1 of 2
FILED: NEW
[FILED:NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 11/26/2019
11/01/2019 10:11
12:38 AM
PM|
INDEX
INDEX NO.
NO. 652336/2018
652336/2018
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 70
66 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 11/26/2019
11/01/2019
DECISION
Serota Roosevelt, LLC ("Serota") has now executed a written
waiver of its rights to attorney-client confidentiality in
connection with its representation by the Brown Firm and provided
such waiver to plaintiff, its insurance carrier. As a result,
plaintiff, Serota's carrier, has established its entitlement to
the Brown Firm File Documents that comprise the records of the
joint representation of Serota and defendants Western Beef Retail
Inc. and Western Beef Properties, Inc. by the Brown Firm in Garrett
v Serota Roosevelt LLC, et al, Nassau County Supreme Court Index
No. 702978/2016, in which, plaintiff, under the policy it issued
to Serota, beyond the retention amount and coverage limits under
First Specialty Insurance Corporation's policy, was the real party
in interest. See Shaya B. Pacific, LLC v Wilson, Elser, Moskowitz,
Edelman & Dicker, LLC, 38 AD3d 34, 42-43 (2d Dept. 2006).
10/31/2019 .
DATE D A AÓA
CHECK ONE: CASE DISPOSED X NON-FINAL DISPOSITION
GRANTED DENIED GRANTED IN PART OTHER
APPLICATION: SETTLE ORDER SUBMIT ORDER
CHECK IF APPROPRiATE: !NCLUDES TRAÑ5FER/EEASSIGN FIDUCIARY APPOINTMENT REFEREÑGE
652336/2018 ZURICH AMERICAN INSURANCE vs. FIRST SPECIALTY INSURANCE Page 2 of 2
Motion No. 003
2 of 2
Document Filed Date
November 26, 2019
Case Filing Date
May 11, 2018
Category
Commercial - Insurance
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FILED: FILED: NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 11/26/2019 11/01/2019 10:11 12:38 AM PM) INDEX INDEX NO. NO. 652336/2018 652336/2018 NYSCEF NYSCEF DOC. NO. DOC. NO. 70 66 RECEIVED RECEIVED NYSCEF: NYSCEF: 11/26/2019 11/01/2019 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. DEBRA A. JAMES PART IAS MOTION 59EFM Justice _____________ ----------X INDEX NO. 652336/2018 ZURICH AMERICAN INSURANCE COMPANY, MOTION DATE 10/29/2019 Plaintiff, MOTION SEQ. NO. 003 - V - FIRST SPECIALTY INSURANCE CORPORATION, WESTERN BEEF RETAIL, INC., and WESTERN BEEF DECISION + ORDER ON PROPERTIES, INC., MOTION Defendants. -______ --------- X The following e-filed documents, listed by NYSCEF document number (Motion 003) 57, 58, 59, 61, 62, 63, 64, 65 were read on this motion to/for DISCOVERY ___ ORDER Upon the foregoing documents, it is ORDERED that the motion of plaintiff Zurich American Insurance Company to renew its motion to compel Non-Party Robert E. Brown, P.C. (the "Brown Firm") to provide a complete response to Zurich's Brown Firm File Documents Subpoena Request pursuant to CPLR 2221(e) is granted; and it is further ORDERED that Non-Party Robert E. Brown, P.C. shall produce the Brown Firm File Documents within 20 days from service, including upon Non-Party Robert E. Brown, P.C. by overnight courier, of a copy of this order, with notice of entry. 652336i2ui8 ZURICH AMERICAN INSURANCE vs. FIRST SPECIALTY INSU¤_ANCE Page 1 of 2 Motion No. 003 1 of 2 FILED: NEW [FILED:NEW YORK YORK COUNTY COUNTY CLERK CLERK 11/26/2019 11/01/2019 10:11 12:38 AM PM| INDEX INDEX NO. NO. 652336/2018 652336/2018 NYSCEF NYSCEF DOC. DOC. NO. NO. 70 66 RECEIVED RECEIVED NYSCEF: NYSCEF: 11/26/2019 11/01/2019 DECISION Serota Roosevelt, LLC ("Serota") has now executed a written waiver of its rights to attorney-client confidentiality in connection with its representation by the Brown Firm and provided such waiver to plaintiff, its insurance carrier. As a result, plaintiff, Serota's carrier, has established its entitlement to the Brown Firm File Documents that comprise the records of the joint representation of Serota and defendants Western Beef Retail Inc. and Western Beef Properties, Inc. by the Brown Firm in Garrett v Serota Roosevelt LLC, et al, Nassau County Supreme Court Index No. 702978/2016, in which, plaintiff, under the policy it issued to Serota, beyond the retention amount and coverage limits under First Specialty Insurance Corporation's policy, was the real party in interest. See Shaya B. Pacific, LLC v Wilson, Elser, Moskowitz, Edelman & Dicker, LLC, 38 AD3d 34, 42-43 (2d Dept. 2006). 10/31/2019 . DATE D A AÓA CHECK ONE: CASE DISPOSED X NON-FINAL DISPOSITION GRANTED DENIED GRANTED IN PART OTHER APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRiATE: !NCLUDES TRAÑ5FER/EEASSIGN FIDUCIARY APPOINTMENT REFEREÑGE 652336/2018 ZURICH AMERICAN INSURANCE vs. FIRST SPECIALTY INSURANCE Page 2 of 2 Motion No. 003 2 of 2