On April 30, 2021 a
Letter,Correspondence
was filed
involving a dispute between
Home Line Properties Of Islip Terrace, Llc.,
Rachel Avgi,
Rafael Avgi,
and
K. Bell & Associates, Inc.,
Ken Bell Individually,
Kingstone Insurance Company,
for Commercial - Contract
in the District Court of Suffolk County.
Preview
oNAL4y
E ST 2001
COL
THOMAs TONA, Esq. PHONE: 631-780-5355
FAX: 631-780-5685
ANDREW CICCARONI, Eso. WWW.TONALAW.COM
JEFFREY M. DONATO, Eso.
JENNIFER J. MAERTZ, Eso.
WILLIAM D. RAMOs, Eso.
CLIFFORD RYAN, Eso.
March 1, 2023
Supreme Court Suffolk County
1 Court Street
Riverhead, New York 11901
Attention: Honorable Justice Joseph A. Santorelli
Re: Homeline Properties of Islip Terrace, LLC et. ai. v. Kingston Insurance
Company, et al.
Index No.: 608053/21
Dear Judge Santorelli,
Our firm represents the plaintiff, Homeline Properties of Islip Terrace, LLC in regard to the above
mentioned matter.
Our office received a NYSCEF notification of the defendant, Kingstone Insurance Company's
Motion for Summary Judgment on Februarý 28, 2023 at approximately 3:30 PM. The return date on that
Motion is purportedly tomorrow, March 2, 2023 at 9:30 AM, less than 48 hours after the service.
Furthermore, the Defendant's counsel has incorrectly set the return date in NYSCEF as February 2, 2023.
Pursuant to CPLR 2214(b), a Noti e of Motion and supporting affirmations are to be served at
least eight days before the time of which the motion is noticed to be heard. The defendant has failed to
follow that rule and therefore we are requesting the Court reject the Defendant Kingstone Insurance
Company's Motion for Summary Judgment on the basis of this blatantly improper instance of minimal
service and the confounding errors by Defendant's counsel showing that the return date on this motion is
actually February 2, 2023 a date which obviously cannot be complied with as it was not served until 26
days later.
152 ISLIP AVENUE, SUITE 18, ISLIP, NEw YORK 11751
APPOINTMENTS AVAILABLE THROUGHOUT LONG ISLAND, THE 5 BOROUGHS, AND WEsTcHESTER COUNTY
This motion service follows a pattern I have noted to the Defendant's counsel in the past where
service occurs in violation of the New York State Standards of Civility for the Legal Profession,
specifically where it states: "V. The timing and manner of service of papers should not be designed to
papers."
cause disadvantage to the party receiving the Previously in a court conference on November 23,
2022, Defendant's counsel attempted to represent to this court that Plaintiff was deficient in responding to
discovery when the service of their first discovery requests was on November 17, 2022, obviously not
giving Plaintiff the time required by the CPLR to respond to discovery before attempting to have this
court take some action on·the supposedly deficient responses by Plaintiff. And now, Defendant's counsel
is attempting service of this motion on less than two days notice. Therefore, my. office-also asks that this
dourt'
sanction Defendant's counsel for blatant attempts to litigate in bad faith, and will include such
request in a cross motion if necessary.
In the alternative, we ask that this Court set a reasonable return date for my office to at least have
the opportunity to review the motion papers and determine the amount of time that may be needed to
oppose the motion as the minimum time for service has not been met, and one business day will not be
enough time for my office to assess what is needed to oppose this motion.
Thank you for your attention herein.
Yoys truly,
Andrew J. Ciccaroni, Esq.
AJC/Im
c.c. MANNING & KASS, ELLROD, RAMIREZ, TRESTER, LLP (via NYSCEF)
AHorneys for defendant
Kingstone Insurance Company
Document Filed Date
March 01, 2023
Case Filing Date
April 30, 2021
Category
Commercial - Contract
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oNAL4y E ST 2001 COL THOMAs TONA, Esq. PHONE: 631-780-5355 FAX: 631-780-5685 ANDREW CICCARONI, Eso. WWW.TONALAW.COM JEFFREY M. DONATO, Eso. JENNIFER J. MAERTZ, Eso. WILLIAM D. RAMOs, Eso. CLIFFORD RYAN, Eso. March 1, 2023 Supreme Court Suffolk County 1 Court Street Riverhead, New York 11901 Attention: Honorable Justice Joseph A. Santorelli Re: Homeline Properties of Islip Terrace, LLC et. ai. v. Kingston Insurance Company, et al. Index No.: 608053/21 Dear Judge Santorelli, Our firm represents the plaintiff, Homeline Properties of Islip Terrace, LLC in regard to the above mentioned matter. Our office received a NYSCEF notification of the defendant, Kingstone Insurance Company's Motion for Summary Judgment on Februarý 28, 2023 at approximately 3:30 PM. The return date on that Motion is purportedly tomorrow, March 2, 2023 at 9:30 AM, less than 48 hours after the service. Furthermore, the Defendant's counsel has incorrectly set the return date in NYSCEF as February 2, 2023. Pursuant to CPLR 2214(b), a Noti e of Motion and supporting affirmations are to be served at least eight days before the time of which the motion is noticed to be heard. The defendant has failed to follow that rule and therefore we are requesting the Court reject the Defendant Kingstone Insurance Company's Motion for Summary Judgment on the basis of this blatantly improper instance of minimal service and the confounding errors by Defendant's counsel showing that the return date on this motion is actually February 2, 2023 a date which obviously cannot be complied with as it was not served until 26 days later. 152 ISLIP AVENUE, SUITE 18, ISLIP, NEw YORK 11751 APPOINTMENTS AVAILABLE THROUGHOUT LONG ISLAND, THE 5 BOROUGHS, AND WEsTcHESTER COUNTY This motion service follows a pattern I have noted to the Defendant's counsel in the past where service occurs in violation of the New York State Standards of Civility for the Legal Profession, specifically where it states: "V. The timing and manner of service of papers should not be designed to papers." cause disadvantage to the party receiving the Previously in a court conference on November 23, 2022, Defendant's counsel attempted to represent to this court that Plaintiff was deficient in responding to discovery when the service of their first discovery requests was on November 17, 2022, obviously not giving Plaintiff the time required by the CPLR to respond to discovery before attempting to have this court take some action on·the supposedly deficient responses by Plaintiff. And now, Defendant's counsel is attempting service of this motion on less than two days notice. Therefore, my. office-also asks that this dourt' sanction Defendant's counsel for blatant attempts to litigate in bad faith, and will include such request in a cross motion if necessary. In the alternative, we ask that this Court set a reasonable return date for my office to at least have the opportunity to review the motion papers and determine the amount of time that may be needed to oppose the motion as the minimum time for service has not been met, and one business day will not be enough time for my office to assess what is needed to oppose this motion. Thank you for your attention herein. Yoys truly, Andrew J. Ciccaroni, Esq. AJC/Im c.c. MANNING & KASS, ELLROD, RAMIREZ, TRESTER, LLP (via NYSCEF) AHorneys for defendant Kingstone Insurance Company