Preview
FILED: SUFFOLK COUNTY CLERK 03/01/2023 12:45 PM INDEX NO. 608053/2021
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 03/01/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
HOME LINE PROPERTIES OF ISLIP Index No.: 608053/2021
TERRACE, LLC., RAFAEL AVGI AND
RACHEL AVGI, Assigned to
Justice Hon. Joseph A. Santorelli
Plaintiff, IAS Part 10
-against-
KINGSTONE INSURANCE COMPANY, K.
BELL & ASSOCIATES, INC. AND KEN
BELL, INDIVIDUALLY,
Defendant.
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FILED: SUFFOLK COUNTY CLERK 03/01/2023 12:45 PM INDEX NO. 608053/2021
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 03/01/2023
AMENDED NOTICE OF MOTION FOR SUMMARY JUDGEMENT
PLEASE TAKE NOTICE, that upon the annexed affirmation of Jeanette L. Dixon, Esq.,
duly affirmed on February 28, 2023, and the Exhibits annexed thereto, and upon all pleadings and
proceedings heretofore had herein, the undersigned will move this Court at a Motion Submission
IAS Part 10 of the Supreme Court of the State of New York, County of New York, located at 1
Court Street, Riverhead, New York 11901-3090, on Thursday, March 23, 2023, at 9:30 AM, or
as soon thereafter as counsel can be heard, for an Order granting summary judgment against
plaintiffs, Home Line Properties Of Islip Terrace, LLC., Rafael Avgi and Rachel Avgi, pursuant
to CPLR 3212, as no triable issue of fact exist in this matter, and finding that Kingston Insurance
Company has no duty to afford coverage to plaintiffs Home Line Properties of Islip Terrace, LLC.,
Rafael Avgi, and Rachel Avgi, relative to the fire damage incurred by plaintiffs property located
at 39-41 Carleton Avenue, Islip Terrace, New York 11752 resulting in a total loss; and awarding
such other and further relief as this Honorable Court deems just and proper.
PLEASE TAKE FURTHER NOTICE, that answering affidavits, if any, are to be served
upon the undersigned within seven (7) days prior to the return date of the within application.
DATED: New York, New York
March 1, 2023
MANNING & KASS, ELLROD,
RAMIREZ, TRESTER LLP
By: _____________________________
Jeanette L. Dixon
NY State Bar No. 2739001
100 Wall Street, Ste 700
New York, New York 10005
(212) 858-7769
Attorneys for Defendant
KINGSTONE INSURANCE COMPANY
2
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FILED: SUFFOLK COUNTY CLERK 03/01/2023 12:45 PM INDEX NO. 608053/2021
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 03/01/2023
TO: Thomas Tona, P.C.
152 Islip Avenue, Suite 18
Islip, New York 11751
(631) 780-5355
3
3 of 4
FILED: SUFFOLK COUNTY CLERK 03/01/2023 12:45 PM INDEX NO. 608053/2021
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 03/01/2023
Index No. 608053/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
HOMELINE PROPERTIES OF ISLIP TERRACE, LLC,
RAFAEL AVGI and RACHEL AVGI,
Plaintiff,
-against-
KINGSTONE INSURANCE COMPANY, K BELL &
ASSOCIATES, INC. and KEN BELL, INDIVIDUALLY,
Defendants.
AMENDED NOTICE OF MOTION FOR SUMMARY JUDGEMENT
MANNING & KASS, ELLROD, RAMIREZ, TRESTER LLP
Jeanette L. Dixon
Marguerite L. Jonak
100 Wall Street, 7th Floor
New York, New York 10005
(212) 858-7769
Attorneys for Defendant
KINGSTONE INSURANCE COMPANY
4872-5387-7588.1
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Preview
FILED: SUFFOLK COUNTY CLERK 03/01/2023 12:45 PM INDEX NO. 608053/2021 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 03/01/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK HOME LINE PROPERTIES OF ISLIP Index No.: 608053/2021 TERRACE, LLC., RAFAEL AVGI AND RACHEL AVGI, Assigned to Justice Hon. Joseph A. Santorelli Plaintiff, IAS Part 10 -against- KINGSTONE INSURANCE COMPANY, K. BELL & ASSOCIATES, INC. AND KEN BELL, INDIVIDUALLY, Defendant. 1 of 4 FILED: SUFFOLK COUNTY CLERK 03/01/2023 12:45 PM INDEX NO. 608053/2021 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 03/01/2023 AMENDED NOTICE OF MOTION FOR SUMMARY JUDGEMENT PLEASE TAKE NOTICE, that upon the annexed affirmation of Jeanette L. Dixon, Esq., duly affirmed on February 28, 2023, and the Exhibits annexed thereto, and upon all pleadings and proceedings heretofore had herein, the undersigned will move this Court at a Motion Submission IAS Part 10 of the Supreme Court of the State of New York, County of New York, located at 1 Court Street, Riverhead, New York 11901-3090, on Thursday, March 23, 2023, at 9:30 AM, or as soon thereafter as counsel can be heard, for an Order granting summary judgment against plaintiffs, Home Line Properties Of Islip Terrace, LLC., Rafael Avgi and Rachel Avgi, pursuant to CPLR 3212, as no triable issue of fact exist in this matter, and finding that Kingston Insurance Company has no duty to afford coverage to plaintiffs Home Line Properties of Islip Terrace, LLC., Rafael Avgi, and Rachel Avgi, relative to the fire damage incurred by plaintiffs property located at 39-41 Carleton Avenue, Islip Terrace, New York 11752 resulting in a total loss; and awarding such other and further relief as this Honorable Court deems just and proper. PLEASE TAKE FURTHER NOTICE, that answering affidavits, if any, are to be served upon the undersigned within seven (7) days prior to the return date of the within application. DATED: New York, New York March 1, 2023 MANNING & KASS, ELLROD, RAMIREZ, TRESTER LLP By: _____________________________ Jeanette L. Dixon NY State Bar No. 2739001 100 Wall Street, Ste 700 New York, New York 10005 (212) 858-7769 Attorneys for Defendant KINGSTONE INSURANCE COMPANY 2 2 of 4 FILED: SUFFOLK COUNTY CLERK 03/01/2023 12:45 PM INDEX NO. 608053/2021 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 03/01/2023 TO: Thomas Tona, P.C. 152 Islip Avenue, Suite 18 Islip, New York 11751 (631) 780-5355 3 3 of 4 FILED: SUFFOLK COUNTY CLERK 03/01/2023 12:45 PM INDEX NO. 608053/2021 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 03/01/2023 Index No. 608053/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK HOMELINE PROPERTIES OF ISLIP TERRACE, LLC, RAFAEL AVGI and RACHEL AVGI, Plaintiff, -against- KINGSTONE INSURANCE COMPANY, K BELL & ASSOCIATES, INC. and KEN BELL, INDIVIDUALLY, Defendants. AMENDED NOTICE OF MOTION FOR SUMMARY JUDGEMENT MANNING & KASS, ELLROD, RAMIREZ, TRESTER LLP Jeanette L. Dixon Marguerite L. Jonak 100 Wall Street, 7th Floor New York, New York 10005 (212) 858-7769 Attorneys for Defendant KINGSTONE INSURANCE COMPANY 4872-5387-7588.1 4 of 4