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. 30 RECEIVED NYSCEF: 03/31/2023
SUPREME COURT OF THE STATE OF NEW YORK UCS-840C
3/2011
COUNTY OF Nassau
x Index No: 601285/2023
Barry Yampol RJI No. (if any):
Plaintiff(s)/Petitioner(s)
-against-
COMMERCIAL DIVISION
Certain Underwriters at Lloyd's, London, including those subscribing to
Syndicate Nos., MIT 3210, PEM 4000, TAL 1183, Request for Judicial Intervention Addendum
Defendant(s)/Respondent(s)
x
COMPLETE WHERE APPLICABLE [add additional pages if needed]:
Plaintiff/Petitioner's cause(s) of action [check all that apply]:
☒ Breach of contract or fiduciary duty, fraud, misrepresentation, business tort (e.g. unfair competition), or statutory and/or common
law violation where the breach or violation is alleged to arise out of business dealings (e.g. sales of assets or securities; corporate
restructuring; partnership, shareholder, joint venture, and other business agreements; trade secrets; restrictive covenants; and
employment agreements not including claims that principally involve alleged discriminatory practices)
☐ Transactions governed by the Uniform Commercial Code (exclusive of those concerning individual cooperative or condominium
units)
☐ Transactions involving commercial real property, including Yellowstone injunctions and excluding actions for the payment of rent
only
☐ Shareholder derivative actions — without consideration of the monetary threshold
☐ Commercial class actions — without consideration of the monetary threshold
☐ Business transactions involving or arising out of dealings with commercial banks and other financial institutions
☐ Internal affairs of business organizations
☐ Malpractice by accountants or actuaries, and legal malpractice arising out of representation in commercial matters
☐ Environmental insurance coverage
☐ Commercial insurance coverage (e.g. directors and officers, errors and omissions, and business interruption coverage)
☐ Dissolution of corporations, partnerships, limited liability companies, limited liability partnerships and joint ventures — without
consideration of the monetary threshold
☐ Applications to stay or compel arbitration and affirm or disaffirm arbitration awards and related injunctive relief pursuant to CPLR
Article 75 involving any of the foregoing enumerated commercial issues — without consideration of the monetary threshold
Plaintiff/Petitioner’s claim for compensatory damages [exclusive of punitive damages, interest, costs and counsel fees claimed]:
42000000.00
Plaintiff/Petitioner’s claim for equitable or declaratory relief [brief description]:
Plaintiff does not seek Equitable or Declaratory Relief
Defendant/Respondent’s counterclaim(s) [brief description, including claim for monetary relief]:
I REQUEST THAT THIS CASE BE ASSIGNED TO THE COMMERCIAL DIVISION. I CERTIFY THAT THE CASE MEETS THE
JURISDICTIONAL REQUIREMENTS OF THE COMMERCIAL DIVISION SET FORTH IN 22 NYCRR § 202.70(a), (b) and (c).
Dated: 03/31/2023 OWEN BERNARD CARRAGHER JR
SIGNATURE
OWEN BERNARD CARRAGHER JR
This form was generated by NYSCEF PRINT OR TYPE NAME
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FILED: NASSAU COUNTY CLERK 03/31/2023 11:58 PM INDEX NO. 601285/2023
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 03/31/2023
Caption Rider Sheet
Plaintiff(s)/Petitioner(s)
VS.
Certain Underwriters at Lloyd's, London, including those subscribing to Syndicate Nos., MIT 3210, PEM 4000, TAL 1183, MKL 3000,
CGM 2488, AXS 1686, CSL 1084, ASP 4711, COF 1036, AUW 0609, TRV 5000, ARK 4020, AAL 2012, ADV 0780, AUL 1274, AFB
2623, AFB 0623, AES 1225, ANV 1861, ENH 5151, WRB 1967, BRT 2987, Apollo 9975, CHN 2015, KLN 0510
Defendant(s)/Respondent(s)
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