On January 18, 2023 a
Letter,Correspondence
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
June 27, 2023
BY E-FILING
Honorable Danielle M. Peterson
Nassau County Supreme Court, Part 26
Supreme Court of the State of New York
100 Supreme Court Drive
Mineola, NY 11501
Re: Barry Yampol v. Certain Underwriters at Lloyd's, London, et al.,
Index No. 601285/2023
Dear Justice Peterson,
Covington & Burling LLP was retained by Plaintiff Barry Yampol in connection with the
above-captioned matter. I write to regretfully inform the Court that Mr. Yampol passed away
recently. I have been contacted by representatives of Mr. Yampol’s estate, and I understand that
probate proceedings were initiated in Florida last week. The estate is currently waiting for the
probate court to appoint an executor. I have been informed that Mr. Yampol’s estate wishes to
continue this action with Covington to represent the estate. Accordingly, we plan to file a motion
under CPLR §§ 1015, 1021 to substitute Plaintiffs and continue the suit in the name of Mr.
Yampol’s estate. Our understanding is that Mr. Yampol’s death stays the case until we file the
motion to substitute. See Hicks v Jeffrey, 304 A.D.2d 618 (2d Dep’t 2003) (“It is well settled that
the death of a party stays the action as to him or her pending the substitution of a legal
representative . . ..”).
Respectfully submitted,
/s/ David A. Luttinger Jr.
David A. Luttinger Jr.
cc: Owen B. Carragher, Jason L. Ederer
Counsel for Defendants
Document Filed Date
June 27, 2023
Case Filing Date
January 18, 2023
Category
Commercial Division - Insurance
Status
Stayed-Court Date/Application Pending
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
June 27, 2023 BY E-FILING Honorable Danielle M. Peterson Nassau County Supreme Court, Part 26 Supreme Court of the State of New York 100 Supreme Court Drive Mineola, NY 11501 Re: Barry Yampol v. Certain Underwriters at Lloyd's, London, et al., Index No. 601285/2023 Dear Justice Peterson, Covington & Burling LLP was retained by Plaintiff Barry Yampol in connection with the above-captioned matter. I write to regretfully inform the Court that Mr. Yampol passed away recently. I have been contacted by representatives of Mr. Yampol’s estate, and I understand that probate proceedings were initiated in Florida last week. The estate is currently waiting for the probate court to appoint an executor. I have been informed that Mr. Yampol’s estate wishes to continue this action with Covington to represent the estate. Accordingly, we plan to file a motion under CPLR §§ 1015, 1021 to substitute Plaintiffs and continue the suit in the name of Mr. Yampol’s estate. Our understanding is that Mr. Yampol’s death stays the case until we file the motion to substitute. See Hicks v Jeffrey, 304 A.D.2d 618 (2d Dep’t 2003) (“It is well settled that the death of a party stays the action as to him or her pending the substitution of a legal representative . . ..”). Respectfully submitted, /s/ David A. Luttinger Jr. David A. Luttinger Jr. cc: Owen B. Carragher, Jason L. Ederer Counsel for Defendants