On January 18, 2023 a
Exhibit,Appendix
was filed
involving a dispute between
Barry Yampol,
and
Aal 2012,
Adv 0780,
Aes 1225,
Afb 0623,
Afb 2623,
Anv 1861,
Apollo 9975,
Ark 4020,
Asp 4711,
Aul 1274,
Auw 0609,
Axs 1686,
Brt 2987,
Certain Underwriters At Lloyd'S, London,
Including Those Subscribing To Syndicate Nos.,
Cgm 2488,
Chn 2015,
Cof 1036,
Csl 1084,
Enh 5151,
Kln 0510,
Mit 3210,
Mkl 3000,
Pem 4000,
Tal 1183,
Trv 5000,
Wrb 1967,
for Commercial Division - Insurance
in the District Court of Nassau County.
Preview
FILED: NASSAU COUNTY CLERK 03/31/2023 11:58 PM INDEX NO. 601285/2023
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 03/31/2023
COVINGTON Covington Hurung EP
One CityCenter
BElJING BRUSSELS DUBAl FRANKFURT JOHANNESBURG 850 Tenth Street, NW
LONDON LOSANGELES NEW YORK SAN FRANCISCO Washington, DC 20001-4956
SEOUL SHANGHAl SILICONVALLEY WASHINGTON T +1 202 662 6000
By Email September 10, 2018
Mr. Richard Mancuso
G.J. Smith Associates
87 S. Highland Ave. A27
Ossining, NY 10562
rmancuso@gjsmithassociates.com
Re: Insured: Barry Yampol
Policy No.: Bo507N16SFo49oo
Policy Period: May 1, 2016 to May 1, 2017
Matter: Missing Gems/Rough/Minerals/Crystals
Dear Mr. Mancuso:
I write in response to your letter dated August 27, 2018, and to provide you with an
update.
Since our last correspondence, Mr. Yampol has located one item that is missing from his
collection and part of the claim Mr. Yampol has tendered to Underwritters. Specifically, within
the last couple of weeks, Stuart Wilensky, a mineral dealer with whom Mr. Yampol has worked
many times before, offered to sell Mr. Yampol one of Mr. Yampol's missing pieces. Mr. Yampol
told Mr. Wilensky he was interested in purchasing the mineral and asked Mr. Wilensky to hold it
for Mr. Yampol. Mr. Yampol then contacted the Nassau County police, who met with Mr.
Wilensky on Friday, September 7.
At the meeting on September 7, Mr. Wilensky told the police that he had since sold the
mineral in question. Mr. Wilensky revealed, however, that he had obtained the piece from, or
was selling the piece on behalf of, Mr. Daniel Trinchillo. At the detective's request, Mr. Yampol
provided the police with a copy of a check, proving Mr. Yampo>s ownership of the mineral.
Mr. Yampol is currently in process of retaining additional counsel to explore his options
with respect to involving the U.S. Attorney's Office or the FBI in this matter. Mr. Yampol is also
working with other counsel to attempt to prevent the sale of the mineral that is or was in Mr.
Wilensky's possession.
In the meantime, Mr. Yampol also requests that Underwriters assign an investigator to
this matter. We understand that Underwriters previously assigned Mr. Andy Quested of R.K.
Harrison to act as an investigator for one of Mr. Yampol's prior matters that also involved Mr.
Trinchillo. Given Mr. Queste s familiarity with some of the parties and the subject matter
generally, Mr. Yampol requests that Mr. Quested also be assigned as the investigator for this
FILED: NASSAU COUNTY CLERK 03/31/2023 11:58 PM INDEX NO. 601285/2023
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 03/31/2023
COV I N G TO N
Mr. Richard Mancuso
September 10, 2018
Page 2
matter. Please let us know at your earliest convenience whether Underwriters are willing to
assign Mr. Quested to this matter or, if not, thecontact information for the investigator who will
be working on this matter on behalf of Underwriters.
Mr. Yampol continues to reserve all rights under the Policy, at law, or in equity.
Ve uly yours,
Tara A. Brennan
cc: David B. Goodwin (Covington)
Barry Yampol
Document Filed Date
March 31, 2023
Case Filing Date
January 18, 2023
Category
Commercial Division - Insurance
Status
Stayed-Court Date/Application Pending
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FILED: NASSAU COUNTY CLERK 03/31/2023 11:58 PM INDEX NO. 601285/2023 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 03/31/2023 COVINGTON Covington Hurung EP One CityCenter BElJING BRUSSELS DUBAl FRANKFURT JOHANNESBURG 850 Tenth Street, NW LONDON LOSANGELES NEW YORK SAN FRANCISCO Washington, DC 20001-4956 SEOUL SHANGHAl SILICONVALLEY WASHINGTON T +1 202 662 6000 By Email September 10, 2018 Mr. Richard Mancuso G.J. Smith Associates 87 S. Highland Ave. A27 Ossining, NY 10562 rmancuso@gjsmithassociates.com Re: Insured: Barry Yampol Policy No.: Bo507N16SFo49oo Policy Period: May 1, 2016 to May 1, 2017 Matter: Missing Gems/Rough/Minerals/Crystals Dear Mr. Mancuso: I write in response to your letter dated August 27, 2018, and to provide you with an update. Since our last correspondence, Mr. Yampol has located one item that is missing from his collection and part of the claim Mr. Yampol has tendered to Underwritters. Specifically, within the last couple of weeks, Stuart Wilensky, a mineral dealer with whom Mr. Yampol has worked many times before, offered to sell Mr. Yampol one of Mr. Yampol's missing pieces. Mr. Yampol told Mr. Wilensky he was interested in purchasing the mineral and asked Mr. Wilensky to hold it for Mr. Yampol. Mr. Yampol then contacted the Nassau County police, who met with Mr. Wilensky on Friday, September 7. At the meeting on September 7, Mr. Wilensky told the police that he had since sold the mineral in question. Mr. Wilensky revealed, however, that he had obtained the piece from, or was selling the piece on behalf of, Mr. Daniel Trinchillo. At the detective's request, Mr. Yampol provided the police with a copy of a check, proving Mr. Yampo>s ownership of the mineral. Mr. Yampol is currently in process of retaining additional counsel to explore his options with respect to involving the U.S. Attorney's Office or the FBI in this matter. Mr. Yampol is also working with other counsel to attempt to prevent the sale of the mineral that is or was in Mr. Wilensky's possession. In the meantime, Mr. Yampol also requests that Underwriters assign an investigator to this matter. We understand that Underwriters previously assigned Mr. Andy Quested of R.K. Harrison to act as an investigator for one of Mr. Yampol's prior matters that also involved Mr. Trinchillo. Given Mr. Queste s familiarity with some of the parties and the subject matter generally, Mr. Yampol requests that Mr. Quested also be assigned as the investigator for this FILED: NASSAU COUNTY CLERK 03/31/2023 11:58 PM INDEX NO. 601285/2023 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 03/31/2023 COV I N G TO N Mr. Richard Mancuso September 10, 2018 Page 2 matter. Please let us know at your earliest convenience whether Underwriters are willing to assign Mr. Quested to this matter or, if not, thecontact information for the investigator who will be working on this matter on behalf of Underwriters. Mr. Yampol continues to reserve all rights under the Policy, at law, or in equity. Ve uly yours, Tara A. Brennan cc: David B. Goodwin (Covington) Barry Yampol