Motion,Ex Parte: Home Line Properties Of Islip Terrace, Llc., Rafael Avgi, Rachel Avgi v. Kingstone Insurance Company, K. Bell & Associates, Inc., Ken Bell Individually

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                                FILED: SUFFOLK COUNTY CLERK 05/03/2023 01:13 PM                                                     INDEX NO. 608053/2021
NYSCEF DOC. NO. 74                                                                           RECEIVED NYSCEF: 05/03/2023




          SUPREME COURT OF THE STATE OF NEW YORK
          COUNTY OF SUFFOLK
          ------------------------------------------------------------------------X

          HOME LINE PROPERTIES OF ISLIP TERRACE,                                      Index No. 608053/2021
          LLC, RAFAEL AVGI and RACHEL AVGI,
                                                                                      AFFIRMATION OF
                                                                  Plaintiffs,         ANDREW CICCARONI


                                      -- against --


          KINGSTONE INSURANCE COMPANY, K. BELL
          & ASSOCIATES, INC., and KEN BELL, Individually,

                                                                  Defendants.

          ------------------------------------------------------------------------X

                   ANDREW CICCARONI, an attorney admitted to practice in the courts of the State of

          New York, affirms under penalty of perjury pursuant to CPLR § 2106 that the following is true and

          correct to the extent of his knowledge:

                   1.       I am an associate at The Law Office of Thomas Tona, P.C., attorney for the Plaintiffs

          in the above captioned matter, and as such am fully familiar with the facts and circumstances

          thereof.

                   2.       I make this Affirmation in opposition to defendant Kingstone Insurance Company’s

          motion for summary judgment (Mot. Seq. 003; NYSCEF Docs. 47-66, 68-69) and in support of

          Plaintiffs’ cross-motion for summary judgment on liability on their First Cause of Action against

          Kingstone.

                   3.       Annexed hereto as Exhibit A is a purported reservation of rights letter from

          Kingstone dated December 17, 2020, which references the wrong policy number and property

          address.

                   4.       Annexed hereto as Exhibit B is a letter labeled by Defendant Kingstone as a




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FILED: SUFFOLK COUNTY CLERK 05/03/2023 01:13 PM                                               INDEX NO. 608053/2021
NYSCEF DOC. NO. 74                                                                     RECEIVED NYSCEF: 05/03/2023




          “supplemental” reservation of rights letter dated February 16, 2021.

                 5.      Annexed hereto as Exhibit C is a copy of Kingstone’s discovery response dated

          November 17, 2022, together with all attached documents.

                 6.      Annexed hereto as Exhibit D is the affidavit of Diane Santos, tenant of 39 Carleton

          Avenue, dated February 10, 2021.

                 7.      Annexed hereto as Exhibits E and F are the deposition transcripts of Rafael Avgi

          and Rachel Avgi.

          Dated: Islip, NY
                 May 2, 2023
                                                                                 /s/ Andrew Ciccaroni
                                                                                 ANDREW CICCARONI




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