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: NEW YORK COUNTY CLERK 04/12/2021 06:20 PM INDEX NO. 652336/2018
NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 04/12/2021
EXHIBIT B
FILED: NEW YORK COUNTY CLERK 04/12/2021 06:20 PM INDEX NO. 652336/2018
NYSCEF
SYSCEF DOC.
DOC. NO.
NO . 151
10 9 RECEIVED
RECEIVED NYSCEF:
NYSCEF : 04/12/2021
03 / 23/2 02
For use of clerk
Index No. 652336/2018
Supreme Court of the State of New York, New York County
Name of assigned Judge: Debra A. James
NOTICE FOR TRIAL
OTrial by jury demanded
ZURICH AMERICAN INSURANCE COMPANY, Oof all issues
Oof issues specified below
or attached hereto
Plaintiff,
OTrial without
jury
Filedby attorney for: Plaintiff
Date summons served: 05/15/2018;
05/24/2018.
-against- Date service completed: 05/15/2018;
05/24/2018.
Date issue joined: 06/12/2018; 08/02/2018.
FIRST SPECIALTY INSURANCE CORPORATION, NATUREOF ACTIONORSPECIAL
WESTERN BEEF RETAIL, INC. and WESTERN PROCEEDING
BEEF PROPERTIES, INC.
OTat Motor vehicle negligence
Medical malpractice
Defendants.
Other tort
E Contract
OContested matrimonial
OUncontested matrimonial
OTax certiorari
OCondemnation
OOther (not itemized above) specify:
Declaration regarding insurance coverage
and equitable estoppel.
This is a class action:
Amount demanded:
Other relief:
Special preference claimed under: Insurance Carrier(s) if known: Zurich American Ins. Co.
On the ground that:
Attorney(s) for Plaintiff(s) Attorney(s) for Defendant(s)
Gabriel E. Darwick
Coughlin Midlige & Garland LLP Please see attached Rider
Wall Street Plaza
28th PlOOr
88 Pine Street,
New York, New York 10005
(212) 612-4989
Attorney(s) for Defendant(s) Attorney(s) for Defendant(s)
NOTE: The clerk will not accept this note of issue unless accompanied by a certificate of readiness.
FILED: NEW YORK COUNTY CLERK 04/12/2021 06:20 PM INDEX NO. 652336/2018
NYSCEF
YSCEF
DOC. NO.
DOC.
NO. 151
109
RECEIVED
RECEIVED
NYSCEF:
NYSCEF:
04/12/2021
03/23/202
CERTIFICATE OFREADINESS FORTRIAL
For use of clerk
(Items 1-7 must be checked)
Completed Waived Not Required
1. All pleadings served X
2. Bill of particulars served X
3. Physical examinations completed
4. Medical reports exchanged X
5. Appraisal reports exchanged
6. Compliance with section 202.16 of the Rules of the Chief X
Administrator (22 NYCRR 202.16) in matrimonial actions
7. proceedings now known to be necessary X
Discovery
completed
8. There are no outstanding requests for discovery. Western Beef alleges that documents redacted by Zurich are subject to
discovery. Zurich disagrees.
9. There has been a reasonable opportunity to complete the foregoing proceedings.
10. There has been compliance by Plaintiff with any order issued pursuant to section 202.12 of the Rules of the
Chief Administrator (22 NYCRR 202.12).
11. If a medical malpractice action, there has been compliance with any order issued pursuant to section 202.56 of
the Rules of the Chief Administrator (22 NYCRR 202.56)
12. The case is ready for trial.
Dated: New York, New York
March 23, 2021
/s/ Gabriel E. Darwick
Gabriel E. Darwick
Coughlin Midlige & Garland LLP
Wall Street
Plaza
28th PlOOr
88 Pine Street,
New York, New York 10005
(212) 483-0105
Attorneys for Plaintiff
Zurich American Insurance Company
FILED: NEW YORK COUNTY CLERK 04/12/2021 06:20 PM INDEX NO. 652336/2018
NYSCEF
SYSCEF DOC.
DOC. NO.
NO. 151
109 RECEIVED
RECEIVED NYSCEF:
NY SCEF: 04/12/2021
03/23/202
RIDER
Attorñêys for Defendants
Adam H. Fleischer, Esq. Walter A. Kretz Jr., Esq.
Michael Passman, Esq. Nicoletti Hornig & Swccñey
7th
BatesCarey LLP. 88 Pine Street, PlOOT
191 N. Wacker, Suite 2400 New York, NY 10005-1801
Chicago, IL 60606 (212) 220-3841
(312) 762-3227 Attorneys for Defendants
Attorney for Defendant Western Beef Retail, Inc. and
First Insurance Corporation Western Beef Property, Inc.
Specialty
(Stipulation of Discontinuance of
claims against Defendant filed on
01/20/2021)
Document Filed Date
April 12, 2021
Case Filing Date
May 11, 2018
Category
Commercial - Insurance
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FILED: NEW YORK COUNTY CLERK 04/12/2021 06:20 PM INDEX NO. 652336/2018 NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 04/12/2021 EXHIBIT B FILED: NEW YORK COUNTY CLERK 04/12/2021 06:20 PM INDEX NO. 652336/2018 NYSCEF SYSCEF DOC. DOC. NO. NO . 151 10 9 RECEIVED RECEIVED NYSCEF: NYSCEF : 04/12/2021 03 / 23/2 02 For use of clerk Index No. 652336/2018 Supreme Court of the State of New York, New York County Name of assigned Judge: Debra A. James NOTICE FOR TRIAL OTrial by jury demanded ZURICH AMERICAN INSURANCE COMPANY, Oof all issues Oof issues specified below or attached hereto Plaintiff, OTrial without jury Filedby attorney for: Plaintiff Date summons served: 05/15/2018; 05/24/2018. -against- Date service completed: 05/15/2018; 05/24/2018. Date issue joined: 06/12/2018; 08/02/2018. FIRST SPECIALTY INSURANCE CORPORATION, NATUREOF ACTIONORSPECIAL WESTERN BEEF RETAIL, INC. and WESTERN PROCEEDING BEEF PROPERTIES, INC. OTat Motor vehicle negligence Medical malpractice Defendants. Other tort E Contract OContested matrimonial OUncontested matrimonial OTax certiorari OCondemnation OOther (not itemized above) specify: Declaration regarding insurance coverage and equitable estoppel. This is a class action: Amount demanded: Other relief: Special preference claimed under: Insurance Carrier(s) if known: Zurich American Ins. Co. On the ground that: Attorney(s) for Plaintiff(s) Attorney(s) for Defendant(s) Gabriel E. Darwick Coughlin Midlige & Garland LLP Please see attached Rider Wall Street Plaza 28th PlOOr 88 Pine Street, New York, New York 10005 (212) 612-4989 Attorney(s) for Defendant(s) Attorney(s) for Defendant(s) NOTE: The clerk will not accept this note of issue unless accompanied by a certificate of readiness. FILED: NEW YORK COUNTY CLERK 04/12/2021 06:20 PM INDEX NO. 652336/2018 NYSCEF YSCEF DOC. NO. DOC. NO. 151 109 RECEIVED RECEIVED NYSCEF: NYSCEF: 04/12/2021 03/23/202 CERTIFICATE OFREADINESS FORTRIAL For use of clerk (Items 1-7 must be checked) Completed Waived Not Required 1. All pleadings served X 2. Bill of particulars served X 3. Physical examinations completed 4. Medical reports exchanged X 5. Appraisal reports exchanged 6. Compliance with section 202.16 of the Rules of the Chief X Administrator (22 NYCRR 202.16) in matrimonial actions 7. proceedings now known to be necessary X Discovery completed 8. There are no outstanding requests for discovery. Western Beef alleges that documents redacted by Zurich are subject to discovery. Zurich disagrees. 9. There has been a reasonable opportunity to complete the foregoing proceedings. 10. There has been compliance by Plaintiff with any order issued pursuant to section 202.12 of the Rules of the Chief Administrator (22 NYCRR 202.12). 11. If a medical malpractice action, there has been compliance with any order issued pursuant to section 202.56 of the Rules of the Chief Administrator (22 NYCRR 202.56) 12. The case is ready for trial. Dated: New York, New York March 23, 2021 /s/ Gabriel E. Darwick Gabriel E. Darwick Coughlin Midlige & Garland LLP Wall Street Plaza 28th PlOOr 88 Pine Street, New York, New York 10005 (212) 483-0105 Attorneys for Plaintiff Zurich American Insurance Company FILED: NEW YORK COUNTY CLERK 04/12/2021 06:20 PM INDEX NO. 652336/2018 NYSCEF SYSCEF DOC. DOC. NO. NO. 151 109 RECEIVED RECEIVED NYSCEF: NY SCEF: 04/12/2021 03/23/202 RIDER Attorñêys for Defendants Adam H. Fleischer, Esq. Walter A. Kretz Jr., Esq. Michael Passman, Esq. Nicoletti Hornig & Swccñey 7th BatesCarey LLP. 88 Pine Street, PlOOT 191 N. Wacker, Suite 2400 New York, NY 10005-1801 Chicago, IL 60606 (212) 220-3841 (312) 762-3227 Attorneys for Defendants Attorney for Defendant Western Beef Retail, Inc. and First Insurance Corporation Western Beef Property, Inc. Specialty (Stipulation of Discontinuance of claims against Defendant filed on 01/20/2021)