On May 11, 2018 a
Letter,Correspondence
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.
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WALL STREET PLAZA
88 PINE STREET
SEVENTH FLOOR
NEW YORK, NY 10005-1801
TELEPHONE 212-220-3830
FACSIMILE 21 2-220-3780
general@nicolettihornig.com
www.nicolettihornig.com
April 27, 2021
Via NYSCEF
Honorable Debra James
Supreme Court of the State
of New York
60 Centre Street, Room 512
New York, New York 10007
Re: Zurich American Insurance Company v. First Specialty Insurance Corp.,
Western Beef Retail, Inc., and Western Beef Properties, Inc.
Index No. Index No. 652336/2018 (IAS Part 59)
Dear Judge James:
It is regrettable that the time of the Court and counsel is being taken up
with letter writing that could have and should have been avoided. If plaintiff would
consent, as we asked, to a long enough extension of our time to submit papers in
opposition to plaintiffs summary judgment motion to enable the Court to address the
pending discovery dispute and the motion to strike the Note of Issue, all of this could be
addressed and resolved in the proper order, with the concerns of both sides being given
timely and proper consideration.
Instead, plaintiffs counsel has tried to avoid having the discovery dispute
resolved by prematurely filing the Note of Issue, followed within days by a summary
judgment motion - six months before the Note of Issue was due to be filed. His
proposal to adjourn the motion to strike the Note of Issue and the motion for summary
judgment to the same date essentially was a further attempt to force defendants to
oppose the motion for summary judgment without an opportunity to have the discovery
dispute resolved and discovery completed.
Respectfully submitted,
Walter A. Kretz, Jr.
NEW JERSEY • 505 MAIN STREET, SUITE 106, HACKENSACK, NJ O7601-5928 • T 201-343-0970 • F 201-343-5882
GEORGIA • 4555 MANSELL ROAD, SUITE 300, ALPHARETTA, GA 30022 • T 770-521-4234 • F 770-521-4200
Document Filed Date
April 27, 2021
Case Filing Date
May 11, 2018
Category
Commercial - Insurance
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WALL STREET PLAZA 88 PINE STREET SEVENTH FLOOR NEW YORK, NY 10005-1801 TELEPHONE 212-220-3830 FACSIMILE 21 2-220-3780 general@nicolettihornig.com www.nicolettihornig.com April 27, 2021 Via NYSCEF Honorable Debra James Supreme Court of the State of New York 60 Centre Street, Room 512 New York, New York 10007 Re: Zurich American Insurance Company v. First Specialty Insurance Corp., Western Beef Retail, Inc., and Western Beef Properties, Inc. Index No. Index No. 652336/2018 (IAS Part 59) Dear Judge James: It is regrettable that the time of the Court and counsel is being taken up with letter writing that could have and should have been avoided. If plaintiff would consent, as we asked, to a long enough extension of our time to submit papers in opposition to plaintiffs summary judgment motion to enable the Court to address the pending discovery dispute and the motion to strike the Note of Issue, all of this could be addressed and resolved in the proper order, with the concerns of both sides being given timely and proper consideration. Instead, plaintiffs counsel has tried to avoid having the discovery dispute resolved by prematurely filing the Note of Issue, followed within days by a summary judgment motion - six months before the Note of Issue was due to be filed. His proposal to adjourn the motion to strike the Note of Issue and the motion for summary judgment to the same date essentially was a further attempt to force defendants to oppose the motion for summary judgment without an opportunity to have the discovery dispute resolved and discovery completed. Respectfully submitted, Walter A. Kretz, Jr. NEW JERSEY • 505 MAIN STREET, SUITE 106, HACKENSACK, NJ O7601-5928 • T 201-343-0970 • F 201-343-5882 GEORGIA • 4555 MANSELL ROAD, SUITE 300, ALPHARETTA, GA 30022 • T 770-521-4234 • F 770-521-4200