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FILED: CHENANGO COUNTY CLERK 07/20/2023 10:05 AM INDEX NO. 2021-00005001
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 07/20/2023
STATE OF NEW YORK
SUPREME COURT COUNTY OF CHENANGO
PREFERRED MUTUAL INSURANCE
COMPANY,
Plaintiff, NOTICE OF ENTRY
vs. Index No. 2021-00005001
DEVIN M. HARKINS, individually,
DEVIN M. HARKINS, as administrator of
the ESTATE OF TIMOTHY HARKINS,
DEVIN M. HARKINS, as administrator of
the ESTATE OF CYNTHIA HARKINS,
BABE RUTH LEAGUE, INC., KINGSTON
LITTLE LEAGUE; LITTLE LEAGUE
BASEBALL RISK PURCHASING
GROUP, INC.; KINGSTON FRATERNAL
YOUTH BABE RUTH LEAGUE, INC.,
KINGSTON YOUTH BASEBALL &
SOFTBALL ASSOCIATION, INC., and
JAMES J. PARKHURST, in his
representative capacity, as Parent and
Guardian, on behalf of M.P. and M.J.P.,
Infants,
Defendants.
PLEASE TAKE NOTICE that the attached is a true copy of an Order
signed by the Hon. Joseph A. McBride, J.S.C., in the above-entitled action on April
24, 2023, and duly entered in the office of the Chenango County Clerk on April 25,
2023.
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FILED: CHENANGO COUNTY CLERK 07/20/2023 10:05 AM INDEX NO. 2021-00005001
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 07/20/2023
Dated: July 20, 2023 SMITH, SOVIK, KENDRICK & SUGNET, P.C.
By: ______________________________________
Joseph A. Gaetano, Esq.
Attorneys for Plaintiff
250 South Clinton Street, Suite 600
Syracuse, New York 13202
Telephone: (315) 474-2911
TO: Howard E. Shafran, Esq.
Shafran & Rock, PLLC
Attorneys for Defendants
Devin M. Harkins, individually,
Devin M. Harkins, as Administrator
of the Estate of Timothy Harkins, and
Devin M. Harkins, as Administrator
of the Estate of Cynthia Harkins
730 Broadway
Kingston, New York 12401
Telephone: (845) 383-1170
Babe Ruth League, Inc.
1670 Whitehorse-Mercerville Road
Hamilton, New Jersey 08619
Kingston Little League
131 Rymrock, Unit 2
Kingston, New York 12401
Little League Baseball Risk Purchasing Group, Inc.
539 US Route 15 Highway
South Williamsport, Pennsylvania 17702
Kingston Fraternal Youth Babe Ruth League, Inc.
P.O. Box 241
Hurley, New York 12443
Kingston Youth Baseball & Softball Association, Inc.
P.O. Box 241
Hurley, New York 12443
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FILED: CHENANGO COUNTY CLERK 07/20/2023 10:05 AM INDEX NO. 2021-00005001
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 07/20/2023
James J. Parkhurst, in his representative capacity,
as Parent and Guardian, on behalf M.P.
and M.J.P., Infants
234 Seminole Road
Lake Katrine, New York 12449
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FILED: CHENANGO COUNTY CLERK 07/20/2023
04/25/2023 10:05
10:24 AM INDEX NO. 2021-00005001
NYSCEF DOC. NO. 33
32 RECEIVED NYSCEF: 07/20/2023
04/25/2023
At a Special Term of the Supreme Court held
in and for the County of Chenango at the
Chenango County Courthouse in the Town of
Norwich, New York, on the 27th day of
January,2023.
PRESENT: HON. JOSEPHA. MCBRIDE,
Justice Presiding.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CHENANGO
PREFERRED MUTUA.L INSURANCE
COMPANY,
ORDER
Plaintiff,
Index No. 2021-00005001
vs.
DEVIN M. HARKINS, individualiy,
DEVIN M. HARKINS, as administrator of
the ESTATE OF TIMOTHY HARKINS,
DEVIN M. HARKINS, as administrator of
the ESTATE OF CYNTHIA HARKINS,
BABE RUTH LEAGUE, INC,, KINGSTON
LITTLE LEAGUE; LITTLE LEAGUE
BASEBALL RISK PURCHASING
GROUP, INC.; KINGSTON FRATERNAL
YOUTH BABE RUTH LEAGUE, INC.,
KINGSTON YOUTH BASEBAIL &
SOFTBALL ASSOCIATION, INC., and
JAMES J. PARKHURST, in his
representative capacity, as Parent and
Guardian, on behalf of M.P. and M.J.P.,
Infants,
Defendants.
Plaintiff, PREFERRED MUTUAL INSURANCE COMPANY, having duly
moved this Court pursuant to CPLR $ 3212 for an Order granting summary
judgment on its declaratory judgment claims, seeking a ruling that Plaintiff has no
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FILED: CHENANGO COUNTY CLERK 07/20/2023
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NYSCEF DOC. NO. 33
32 RECEIVED NYSCEF: 07/20/2023
04/25/2023
duty to defend or indemnify Defendant Devin M. Harkins, individually or as
administrator of the Estate(s) of Timothy Harkins and cynthia Harkins under
Homeowner's Policy of Insurance #PHO-0100-6?-53-36 in any action arising out of
any instance(s) of sexual contact perpetrated by Defendant Devin M. Harkins; and
for an order granting Plaintiffs request for default judgment against Defendants
Little League Baseball Risk Purchasing Group, Inc.; Kingston Youth Baseball &
softball Association, Inc.; and James J. Parkhurst, in his representative capacity, as
Parent and Guardian, on behalf of M.P. and M.J.P., Infants; and
NOW, on reading and filing Plaintiff Preferred Mutual Insurance Company's
Notice of Motion dated November 18, 2022, the Affirmation of Joseph A. Gaetano,
Esq., dated November 18, 2022, with exhibits, and Memorandum of Law dated
November 18, 2022; and there having been no opposition submitted to Plaintiffs
motion by any Defendant in this action; and the motion having been returnable "on
submission"; it is hereby
ORDERED, that the motion of the Plaintiff be and it hereby is in aII respects
granted in its entirety; and it is further
ORDERED, that Plaintiff has no duty to defend or indemnify Defendant
Devin M. Harkins under the aforementioned policy; and it is further
ORDERED, that Plaintiff is entitled to a default judgment against the
remaining Defendants.
t4
Dated: 2023
JOS H A. MCBRIDE, J.S.C
FINTER:
2
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FILED: CHENANGO COUNTY CLERK 07/20/2023 10:05 AM INDEX NO. 2021-00005001 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 07/20/2023 STATE OF NEW YORK SUPREME COURT COUNTY OF CHENANGO PREFERRED MUTUAL INSURANCE COMPANY, Plaintiff, NOTICE OF ENTRY vs. Index No. 2021-00005001 DEVIN M. HARKINS, individually, DEVIN M. HARKINS, as administrator of the ESTATE OF TIMOTHY HARKINS, DEVIN M. HARKINS, as administrator of the ESTATE OF CYNTHIA HARKINS, BABE RUTH LEAGUE, INC., KINGSTON LITTLE LEAGUE; LITTLE LEAGUE BASEBALL RISK PURCHASING GROUP, INC.; KINGSTON FRATERNAL YOUTH BABE RUTH LEAGUE, INC., KINGSTON YOUTH BASEBALL & SOFTBALL ASSOCIATION, INC., and JAMES J. PARKHURST, in his representative capacity, as Parent and Guardian, on behalf of M.P. and M.J.P., Infants, Defendants. PLEASE TAKE NOTICE that the attached is a true copy of an Order signed by the Hon. Joseph A. McBride, J.S.C., in the above-entitled action on April 24, 2023, and duly entered in the office of the Chenango County Clerk on April 25, 2023. {S1866173.1} 1 of 5 FILED: CHENANGO COUNTY CLERK 07/20/2023 10:05 AM INDEX NO. 2021-00005001 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 07/20/2023 Dated: July 20, 2023 SMITH, SOVIK, KENDRICK & SUGNET, P.C. By: ______________________________________ Joseph A. Gaetano, Esq. Attorneys for Plaintiff 250 South Clinton Street, Suite 600 Syracuse, New York 13202 Telephone: (315) 474-2911 TO: Howard E. Shafran, Esq. Shafran & Rock, PLLC Attorneys for Defendants Devin M. Harkins, individually, Devin M. Harkins, as Administrator of the Estate of Timothy Harkins, and Devin M. Harkins, as Administrator of the Estate of Cynthia Harkins 730 Broadway Kingston, New York 12401 Telephone: (845) 383-1170 Babe Ruth League, Inc. 1670 Whitehorse-Mercerville Road Hamilton, New Jersey 08619 Kingston Little League 131 Rymrock, Unit 2 Kingston, New York 12401 Little League Baseball Risk Purchasing Group, Inc. 539 US Route 15 Highway South Williamsport, Pennsylvania 17702 Kingston Fraternal Youth Babe Ruth League, Inc. P.O. Box 241 Hurley, New York 12443 Kingston Youth Baseball & Softball Association, Inc. P.O. Box 241 Hurley, New York 12443 {S1866173.1} 2 of 5 FILED: CHENANGO COUNTY CLERK 07/20/2023 10:05 AM INDEX NO. 2021-00005001 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 07/20/2023 James J. Parkhurst, in his representative capacity, as Parent and Guardian, on behalf M.P. and M.J.P., Infants 234 Seminole Road Lake Katrine, New York 12449 {S1866173.1} 3 of 5 FILED: CHENANGO COUNTY CLERK 07/20/2023 04/25/2023 10:05 10:24 AM INDEX NO. 2021-00005001 NYSCEF DOC. NO. 33 32 RECEIVED NYSCEF: 07/20/2023 04/25/2023 At a Special Term of the Supreme Court held in and for the County of Chenango at the Chenango County Courthouse in the Town of Norwich, New York, on the 27th day of January,2023. PRESENT: HON. JOSEPHA. MCBRIDE, Justice Presiding. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CHENANGO PREFERRED MUTUA.L INSURANCE COMPANY, ORDER Plaintiff, Index No. 2021-00005001 vs. DEVIN M. HARKINS, individualiy, DEVIN M. HARKINS, as administrator of the ESTATE OF TIMOTHY HARKINS, DEVIN M. HARKINS, as administrator of the ESTATE OF CYNTHIA HARKINS, BABE RUTH LEAGUE, INC,, KINGSTON LITTLE LEAGUE; LITTLE LEAGUE BASEBALL RISK PURCHASING GROUP, INC.; KINGSTON FRATERNAL YOUTH BABE RUTH LEAGUE, INC., KINGSTON YOUTH BASEBAIL & SOFTBALL ASSOCIATION, INC., and JAMES J. PARKHURST, in his representative capacity, as Parent and Guardian, on behalf of M.P. and M.J.P., Infants, Defendants. Plaintiff, PREFERRED MUTUAL INSURANCE COMPANY, having duly moved this Court pursuant to CPLR $ 3212 for an Order granting summary judgment on its declaratory judgment claims, seeking a ruling that Plaintiff has no {s1a1?s4711 1 1 of 5 4 2 FILED: CHENANGO COUNTY CLERK 07/20/2023 04/25/2023 10:05 10:24 AM INDEX NO. 2021-00005001 NYSCEF DOC. NO. 33 32 RECEIVED NYSCEF: 07/20/2023 04/25/2023 duty to defend or indemnify Defendant Devin M. Harkins, individually or as administrator of the Estate(s) of Timothy Harkins and cynthia Harkins under Homeowner's Policy of Insurance #PHO-0100-6?-53-36 in any action arising out of any instance(s) of sexual contact perpetrated by Defendant Devin M. Harkins; and for an order granting Plaintiffs request for default judgment against Defendants Little League Baseball Risk Purchasing Group, Inc.; Kingston Youth Baseball & softball Association, Inc.; and James J. Parkhurst, in his representative capacity, as Parent and Guardian, on behalf of M.P. and M.J.P., Infants; and NOW, on reading and filing Plaintiff Preferred Mutual Insurance Company's Notice of Motion dated November 18, 2022, the Affirmation of Joseph A. Gaetano, Esq., dated November 18, 2022, with exhibits, and Memorandum of Law dated November 18, 2022; and there having been no opposition submitted to Plaintiffs motion by any Defendant in this action; and the motion having been returnable "on submission"; it is hereby ORDERED, that the motion of the Plaintiff be and it hereby is in aII respects granted in its entirety; and it is further ORDERED, that Plaintiff has no duty to defend or indemnify Defendant Devin M. Harkins under the aforementioned policy; and it is further ORDERED, that Plaintiff is entitled to a default judgment against the remaining Defendants. t4 Dated: 2023 JOS H A. MCBRIDE, J.S.C FINTER: 2 2 of 5 5 2