Motion to Augment (name extension) in Maria Karimova v. Progressive Casualty Insurance Company| Trellis.Law

On February 11, 2021 a Appellate Materials was filed involving a dispute between Maria Karimova, and Progressive Casualty Insurance Company, for Torts - Motor Vehicle in the District Court of Erie County.

Preview
FILED: ERIE COUNTY CLERK 10/12/2023 11:18 AM INDEX NO. 801743/2021
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 10/12/2023
FILED: APPELLATE DIVISION - 4TH DEPT 06/09/2023 02:13 PM CA 23-00608
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 06/09/2023

New York Supreme Court
Appellate Division—Fourth Department

MARIA KARIMOVA, Docket No.:
CA 23-00608
Plaintiff-Respondent,

– against –

PROGRESSIVE INSURANCE COMPANY,

Defendant-Appellant.

RECORD ON APPEAL

HURWITZ FINE P.C.
Alice A. Trueman, Esq.
Attorneys for Defendant-Appellant
The Liberty Building
424 Main Street, Suite 1300
Buffalo, New York 14202
(716) 849-8900
aat@hurwitzfine.com

ROSENTHAL KOOSHOIAN & LENNON, LLP
Peter M. Kooshoian, Esq.
Attorneys for Plaintiff-Respondent
80 West Huron Street
Buffalo, New York 14202
(716) 389-4809
pk@bufflaw.com

Erie County Clerk’s Index No. 801743/21

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SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION : FOURTH JUDICIAL DEPARTMENT

MARIA KARIMOVA,
Appellate Division Case No.:
Plaintiff/Respondent, CA 23-00608

PROGRESSIVE CASUALTY INSURANCE
COMPANY,

Defendant/Appellant.

STATEMENT PURSUANT TO CPLR §5531

The Defendant-Appellant, Progressive Casualty Insurance Company, for its Statement

pursuant to CPLR§5531, state and show to the Court as follows:

1. The Index Number of this case in Erie County Supreme Court is 801743/2021.

2. The full names of the parties are as they appear in the caption; there have been no

changes.

3. The action was commenced in Supreme Court, Erie County, by the filing of a Summons

and Complaint on or about February 11, 2021.

4. This action is a supplemental uninsured motor vehicle insurance claim.

5. The Defendant-Appellant, Progressive Casualty Insurance Company, served its Answer

on or about March 10, 2021.

6. This appeal is from the Decision of the Honorable Amy C. Martoche, J.S.C., entered in the

office of the Clerk of the County of Erie on March 17, 2023.

7. The method of appeal is on the full reproduced record.

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TABLE OF CONTENTS
Page
Statement pursuant to CPLR § 5531................................................................. i
Notice of Appeal of Defendant, Progressive Insurance Company
(“Defendant”), dated March 31, 2023, with Proof of Service................ 1
Order of the Hon. Amy C. Martoche, J.S.C., Appealed from,
granted March 17, 2023, with Notice of Entry....................................... 4
Notice of Motion to Compel or Preclude filed by Plaintiff, Maria Karimova
(“Plaintiff”), dated November 9, 2022 ................................................... 6
Affidavit of Peter M. Kooshoian, Esq. in Support of Plaintiff’s Motion to
Compel or Preclude, sworn to November 9, 2022 ................................. 8
Exhibit A — Summons and Complaint, dated February 10, 2021 ........ 12
Exhibit B — Answer, dated March 10, 2021 ......................................... 25
Exhibit C — Notice for Discovery and Inspection CPLR Article 31,
dated August 16, 2021 ............................................................................ 29
Exhibit D — Defendant’s Response to Plaintiff’s Notice for
Discovery and Inspection, dated February 14, 2022 .............................. 34
Exhibit E — Plaintiff’s Good Faith Correspondence,
dated March 21, 2022 ............................................................................. 45
Exhibit F — Defendant’s Cover Letter, dated June 28, 2022, in
Response to Plaintiff’s Notice for Discovery and Inspection, with
Privilege Log .......................................................................................... 46
Exhibit G — Decisions and Orders in Other Cases Cultrara v.
Travelers and Higgins v. Tokio Marine, et al ........................................ 49
Attorney Affirmation of Alice A. Trueman, Esq., in Opposition to Plaintiff’s
Motion to Compel and in Support of Defendant’s Cross-Motion for a
Protective Order, dated December 27, 2022 .......................................... 54
Exhibit A — Plaintiff’s Cross-Notice for Examination Before Trial .... 61
Exhibit B — Amended Response to Notice for Discovery and
Inspection ................................................................................................ 62
Exhibit C — Progressive’s Bill of Particulars........................................ 63

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iii

Exhibit D — Decisions and Orders in Other Cases: Daniels v.
GEICO; Velocci v. GEICO; Geoghegan v. Progressive; Keefe v.
GEICO .................................................................................................... 72
Adjuster Affidavit of Matthew Crankshaw, sworn to December 27, 2022, in
Opposition to Plaintiff’s Motion to Compel and in Support of
Defendant’s Cross-Motion for a Protective Order ................................. 101
Exhibit A — January 3, 2020 Correspondence from Plaintiff’s
Counsel to Progressive ........................................................................... 106
Exhibit B — January 14, 2021 Correspondence from Plaintiff’s
Counsel to Progressive ........................................................................... 107
Affidavit of Peter M. Kooshoian, Esq., in Opposition to Defendant’s Motion
for a Protective Order, sworn to January 2, 2023 ................................... 181
Certification Pursuant to CPLR 2105 ............................................................... 187

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NOTICE OF APPEAL OF DEFENDANT, PROGRESSIVE INSURANCE COMPANY
(“DEFENDANT”), DATED MARCH 31, 2023, WITH PROOF OF SERVICE [1 - 3]

INDEX NO. 801743/2021
(
FILED : ERIE COUNTY CLERK 03/31/2023 10:40 AM)
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 03/31/2023

STATE OF NEW YORK
SUPREME COURT : COUNTY OF ERIE

MARIA KARIMOVA,
NOTICE OF APPEAL
Plaintiff,

V.
Index No.: 801743/2021

PROGRESSIVE INSURANCE COMPANY,

Defendant.

PLEASE TAKE NOTICE, that the Defendant, PROGRESSIVE INSURANCE

COMPANY, hereby appeals to the Appellate Division, Fourth Judicial Department, of the New

York State Supreme Court, from an Order of the Honorable Amy C. Martoche, J.S.C., granted in

the above- captioned action on March 17, 2023, entered in the Office of the Clerk of the County of

Erie on March 17, 2023, and served with Notice of Entry on March 20, 2023. Defendant hereby

appeals from each and every part of the Order granting Plaintiff, MARIA KARIMOVNs Motion

to Compel the entire pre-litigation SUM claim file except Bates numbered pages 205-224, 613,

1146-1147, 1156 and 1164 with redactions. A copy of the Order is attached hereto as Exhibit A.

Dated: Buffalo, New York
March 31, 2023
HURWITZ FINE P.C.

Alice A. Trueman, Esq.
Attorneys for DE
fendant
1300 Liberty Building
Buffalo, New York 14202
(716) 849-8900

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TO: Peter M. Kooshoian, Esq.
ROSENTHAL, KOOSHOIAN & LENNON, LLP
Attorneys for Plaintsf
80 West Huron Street
Buffalo, New York 14202
(716) 854-1300

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STATE OF NEW YORK
SUPREME COURT : COUNTY OF ERIE

MARIA KARIMOVA,
AFFIDAVIT OF SERVICE
Plaintiff, BY MAIL

PROGRESSIVE INSURANCE COMPANY, Index No.: 801743/2021

Defendant.

STATE OF NEW YORK ) ss:
COUNTY OF ERIE )

Jennifer Morgan, being duly sworn, deposes and says that she is an employee in
the offices of Hurwitz Fine P.C., the attorneys for Def-endant, PROGRESSIVE INSURANCE
COMPANY, that she is not aparty to the action, and is 18 years of age or over.

That on March 31, 2023, she served the within copy of the Notice of Appeal with
Exhibit A, upon:

Peter M. Kooshoian, Esq.
ROSENTHAL, KOOSHOIAN & LENNON, LLP
Auor•neys for Plaintiff
80 West Huron Street
Buffalo, New York 14202

at the address, designated by said attorney for that purpose by depositing atrue copy of the same
enclosed in afirst class, postpaid, properly addressed wrapper, in an official depository under the
exclusive care and custody of the United States Postal Service within the State of'New York.

ly
Subscribed and sworn to before Jer ri er Morgan
me this 31" day2of March, 20,

ary Public LISA M. FAZIO-BEESON
Notary Public, State of New York
Qualified in Erie County
No. Ol FA6207194
My Commission Expires June 8, 209?:V J

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ORDER OF THE HON. AMY C. MARTOCHE, J.S.C., APPEALED FROM,
GRANTED MARCH 17, 2023, WITH NOTICE OF ENTRY [4 - 5]

FILED: ERIE COUNTY CLERK 03/21/2023. 1111:90 A14 INDEX NO. 801743/2021

NYSC DOC. NO. 32 RECEIVED NYSCEF: 03/37/2023

At aSpecial Term of the Supreme Court, held in
and for the County of Erie, New York at a
Courthouse in the City of Buffalo, New York on the
Vh day of March, 2023.

PRESENT: HON. Amv C. Martoche, J.S.C.
Justice Presiding

STATE OF NEW YORK
SUPREME COURT: COUNTY OF ERIE

MARIA KARIMOVA,

Plaintiff, ORDER

V. Index No.: 80174312021

PROGRESSIVE CASUALTY INSURANCE COMPANY,

Defendant.

UPON READING AND FILING, the Plaintiff, MARIA KARIMOVA's Motion to Compel or Preclude

dated November 9, 2022, the Supporting Affidavit of Peter M. Kooshoian, Esq. dated the 9th day of

November, 2022, with exhibits; Defendant, PROGRESSIVE CASUALTY INSURANCE COMPANY's Cross-

Motion for aProtective Order dated the 27th day of December, 2022; the Affidavit in Opposition to and in

support of Defendant's Cross-Motion for a Protective Order of Alice Trueman, Esq., dated the 27th day of

December, 2022, with exhibits; the Affidavit in Opposition and in support of Defendant's Cross-Motion for a

Protective Order of Matthew Crankshaw dated the 27th day of December, 2022, with exhibits; the Affidavit in

Opposition to Defendant's Motion for a Protective Order of Peter M. Kooshoian, Esq., dated the 2nd day of

January, 2023; and having heard on the 7th day of March, 2023, Peter M. Kooshoian, Esq. in support of

Plaintiffs Motion to Compel or Preclude; Alice Trueman, Esq. and Kaitlin Sines, Esq. in opposition to

Plaintiff's Motion, and in support of Defendant's Cross- Motion for aProtective Order, it is hereby

Rosenthal, Kooshoian & Lennon, LLP
ATTORNEYS AND COUNSELORS AT LAW / 80 WEST HURON STREET! BUFFALO, NEW YORK 142021(716) 854-1300

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ORDERED, that Defendant will provide Plaintiff with the entire pre- litigation SUM claim file except

BATES numbered pages 205 to 224, 613, 1146-1147, 1156 and 1164 which will be redacted; it is further

ORDERED, that Defendant will provide Plaintiff with the complete copy of the applicable SUM policy

within thirty ( 30) days of entry of this Order; and it is further

ORDERED, that Defendant's Cross- Motion for aProtective Order is denied mt#Fety. ;tA

Hon. Amy C. Wartoche, J.S.C.

ENTERED: gl t• 1
23

Rosenthal, Kooshoian & Lennon, LLP
ATTORNEYS AND COUNSELORS AT LAW / 80 WEST HURON STREET / BUFFALO, NEW YORK 14202 / (716) 854-1300

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NOTICE OF MOTION TO COMPEL OR PRECLUDE FILED BY PLAINTIFF,
MARIA KARIMOVA (“PLAINTIFF”), DATED NOVEMBER 9, 2022 [6 - 7]

(FILED: ERIE COUNTY CLERK 11/09/2022 02:42 PM) INDEX NO. 801743/20 1

NYS EF DOC. NO. 9 RECEIVED NYSCEF: 11/09/202

STATE OF NEW YORK
SUPREME COURT : COUNTY OF ERIE

MARIA KARIMOVA,

Plaintiff, NOTICE OF MOTION TO
COMPEL OR PRECLUDE

Index No.: 801743/2021
PROGRESSIVE CASUALTY INSURANCE COMPANY,

Defendant.

MOTION MADE BY: Rosenthal, Kooshoian & Lennon, LLP, Peter M. Kooshoian
Esq., of counsel, 80 West Huron Street, Buffalo, New York
14202 for the Plaintiff, MARIA KARIMOVA.

DATE, TIME & PLACE: Before the Hon. Amy C. Martoche, J.S.C., on January 3,
2023 on submissions only.

SUPPORTING PAPERS: Affidavit of Peter M. Kooshoian, Esq. with exhibits.

RELIEF REQUESTED: An Order compelling discovery or precluding the
Defendants from offering evidence at the trial of this matter
and for such other and further relief as the Court deems
just and proper.

GROUNDS FOR RELIEF: CPLR §3124.

PLEASE TAKE FURTHER NOTICE: Pursuant to CPLR §2214(b), answering Affidavits, if any,
are required to be served upon the undersigned at least
seven (7) days prior to the return date of this motion.

DATED: Buffalo, New York
November 9, 2022

(ter M. Kooshoian, Esq.
Rosenthal, Kooshoian & Lennon, LLP
Attorneys for Plaintiff
MARIA KARIMOVA
80 West Huron Street
Buffalo, New York 14202
(716) 854-1300

Rosenthal, Kooshoian & Lennon, LLP
ATTORNEYS AND COUNSELORS AT LAW / 80 WEST HURON STREET / BUFFALO, NEW YORK 14202 / (716) 854-1300

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TO: Hon. Amy C. Martoche, J.S.C.
Supreme Court Chambers
25 Delaware Avenue, Part 21
Buffalo, New York 14202

Alice A. Trueman, Esq.
Hurwitz & Fine, P.C.
Attorney for Defendant
PROGRESSIVE CASUALTY
INSURANCE COMPANY
424 Main Street, Suite 1300
Buffalo, New York 14202
(716) 849-8900

Rosenthal, Kooshoian & Lennon, LLP
ATTORNEYS AND COUNSELORS AT LAW/ SO WEST HURON STREET IBUFFALO, NEW YORK 14202/(716) 854-1300

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AFFIDAVIT OF PETER M. KOOSHOIAN, ESQ. IN SUPPORT OF PLAINTIFF’S MOTION
TO COMPEL OR PRECLUDE, SWORN TO NOVEMBER 9, 2022 [8 - 11]

INDEX NO. 801743/20 1
(F I ,ED: ERIE COUNTY CLERK 11/09/2022 02:42 PM)
NYS EF DOC. NO. 10 RECEIVED NYSCEF: 11/09/2012

STATE OF NEW YORK
SUPREME COURT: COUNTY OF ERIE

MARIA KARIMOVA,
AFFIDAVIT IN SUPPORT OF
Plaintiff, PLAINTIFF'S MOTION TO
COMPEL DISCOVERY

Index No.: 801743/2021
PROGRESSIVE CASUALTY INSURANCE COMPANY,

Defendant.

STATE OF NEW YORK )
SS:
COUNTY OF ERIE )

PETER M. KOOSHOIAN, ESQ., being duly sworn, deposes and says:

1. Your deponent is an attorney duly licensed to practice in the State of New York and is a

partner with the law firm Rosenthal, Kooshoian & Lennon, LLP, with offices located at 80 West Huron

Street, Buffalo, New York.

2. Your deponent appears for the above-named Plaintiff, MARIA KARIMOVA, and as such is

fully familiar with all prior proceedings held in this matter.

3. This Affidavit is submitted in support of Plaintiffs Motion to Compel Discovery seeking

production of Defendant's unredacted pre-litigation Underinsured Motor Vehicle (UM) file and in camera

inspection of Defendant's unredacted post-litigation UM file to determine whether the redacted information

is privileged.

PROCEDURAL HISTORY

4. Plaintiff commenced their action with the filing of aSummons and Complaint on February 11,

2021. (See Exhibit A.)

5. Defendant served an Answer and joined issue on March 10, 2021. (See Exhibit B.)

Rosenthal, Koosholan & Lennon, LLP
ATTORNEYS AND COUNSELORS AT LAW / 80 WEST HURON STREET / BUFFALO, NEW YORK 14202 / (716) 854-1300

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6. On August 16, 2021, the Plaintiff served defense counsel with Omnibus Discovery Demands,

including demand for the entire unredacted claim file relative to this matter. (See Exhibit C ¶ 18.)

7. On February 10, 2022, Defendant provided aresponse to Plaintiffs discovery demands

refusing to supply the claim file alleging it contained privileged information including documents prepared in

anticipation of litigation, the work production doctrine or any other privilege or protection. (See Exhibit D ¶

18.)

8. On March 21, 2022, your deponent sent Defendant correspondence indicating we had not

received acopy of Defendant's unredacted pre-litigation claim file and further requesting all records from

the client's claim file be provided within thirty (30) days to avoid unnecessary motion practice. (See Exhibit

E.)

9. On June 28, 2022, Defendant's provided acopy of Plaintiff's redacted pre and post-litigation

claim file accompanied by aprivilege log indicating the redacted information was privileged as either

material or prepared in anticipation of litigation, attorney work product or attorney-client privilege. (See

Exhibit F.)

10. On or about October 21, 2022, your deponent and defense counsel appeared via telephone

for apre-trial conference during which defense counsel indicated that the pre-litigation claim file redaction

contained information privileged as material prepared in anticipation of litigation which your deponent

objected to and it was agreed the issues would need to be resolved by the Court.

11. Defendant's have not filed aMotion for aProtective Order in response to Plaintiff's discovery

demands.

ARGUMENT

12. It is well settled that the payment or rejection of claims is part of the regular business of an

insurance company. Consequently, reports which aid in the process of deciding which of the two indicated

actions to pursue are made in the regular course of business. Lalka v. ACA Insurance Company, 128

A.D.3d 1508 (4t" Dept., 2015). Reports prepared by attorneys before the decision is made to pay or reject

claims are not privileged and are discoverable even if those reports are mixed/multiple purpose reports

motivated in part by the potential for litigation with the insured. Ibid.; citing, Bombard v. Arnica Mutual

Rosenthal, Yooshoian & Lennon, LLP
ATTORNEYS AND COUNSELORS AT LAW /80 WEST HURON STREET / BUFFALO, NEW YORK 14202 / (716) 854-1300

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Insurance Company, 11 A.D.3d 647 (2nd Dept., 2004), citied by Mezzalingua Associates, LLC v. Travelers

Indemnity Company, et al., 178 A.D.3d 1413 (4th Dept., 2019) (finding the privilege does not apply to

"mixed purpose reports" under CPLR 3101.); see also, Gibson v. Encompass Insurance, 23 A.D.3d 1047

(4th Dept. , 2005) (finding the Court did not abuse its discretion ordering defendants to produce their file

regarding plaintiffs SUM claim as defendant failed to meet their burden establishing the file contained

privileged or otherwise material exempt from discovery.); followed by Heimbach v. State Farm Insurance,

114 A.D.3d 1221 (4th Dept., 2014) (finding plaintiff entitled to defendant's entire SUM claim file as defendan

failed to meet its burden in establishing parts of the claim withheld from discovery contained privileged

material.).

13. Several other local Supreme Court Justices have also ordered disclosure of the unredacted

prelitigation SUM file. See Ess v. New York Central Mutual, Index No.: 12010-7965 (Justice Chimes);

Swiech v. New York Central Mutual, Index No.: 2009-7369 (Justice Siwek); Cultrara v. Travelers, Index

No.: 802463/2017 (Justice Glownia) and Higgins v. Tokio Marine, Index No.: 12008-3026 (Justice

NeMoyer), see, copies of Cultara and Higgins Decisions attached hereto as Exhibit G.

14. As in the aforementioned cases, the Defendant's claim that the pre-litigation file contains

material prepared in anticipation of litigation does not establish the material is privileged as it was prepared

by the insurance company in the regular course of business and is therefore discoverable. Ibid.

15. Furthermore, it is well settled that aparty asserting the privilege has the burden of

establishing its applicability and the protection claim must be narrowly construed. See Mezzalingua v.

Travelers, supra.; see also, Rickard v. New York Central Mutual Insurance Company, 164 A.D.3d 1590 (4th

Dept. 2018). Where aparty claims documents created after the commencement of an action in aSUM

case are privileged, aCourt is not required to accept aparty's characterization of the material as privileged

or confidential. Ibid. Ultimately, resolution of the issue of whether aparticular document is protected is a

necessarily fact specific determination most often requiring an in camera review. Ibid. ( reversing Supreme

Court's denial of defendant's request for in camera review of post- litigation SUM claim file.)

16. As in Rickard, the Defendant's in this case allege information in the post-litigation claim file

contains privileged material in accordance with aprivilege log provided in response to Plaintiffs discovery

Rosenthal, Iiooshoian & Lennon, LLP
ATTORNEYS AND COUNSELORS AT LAW / 80 WEST HURON STREET / BUFFALO, NEW YORK 14202 / (716) 854-1300

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demand. Obviously, the information provided is redacted and the asserted privilege cannot be verified.

Therefore, like Rickard, we respectfully request that the Court order the Defendant to turn over the

unredacted post-litigation claim file for in camera inspection to determine if aprivilege applies to the

redacted information.

17. Additionally, pursuant to all the aforementioned case law, it is respectfully requested the

Court order the Defendant to disclose to the Plaintiff the entire unredacted pre- litigation UM claim file.

WHEREFORE, it is respectfully requested the Court grant the relief prayed for herein, together with

any and other further relief as the Court deems just and proper.

ETER M. KOOSHOIAN
Sworn to before me this q
day of November, 2022.

Notary Public
GARNET L. KELLY
Notary Fubk, State of New York
NsVied in Eric Cmgy a(p
My Commission Expires January 11, 20=

Rosenthal, Koosholan & Lennon, LLP
ATTORNEYS AND COUNSELORS AT LAW / 30 WEST HURON STREET / BUFFALO, NEW YORK 14202 / (716) 854-1300

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EXHIBIT A — SUMMONS AND COMPLAINT, DATED FEBRUARY 10, 2021 [12 - 24]

INDEX NO. 801743/2021
(FI•ED: ERIE COUNTY CLERK 11/09/2022 02:42 PM)
NY EF DOC. NO. 11 RECEIVED NYSCEF: 11/09/202

STATE OF NEW YORK
SUPREME COURT : COUNTY OF ERIE

MARIA KARIMOVA
14 Colonial Drive
Tonawanda, New York 14150,

Plaintiff, SUMMONS

V. Index No.: '
9 i'
7`4 Z / "dv031

PROGRESSIVE CASUALTY INSURANCE COMPANY
One Corporate Drive, Suite 201
Bohemia, New York 11716,

Defendant.

To the above- named Defendant:

YOU ARE HEREBY SUMMONED AND REQUIRED to serve upon the Plaintiff's attorney, at the address
stated below, awritten Answer to the attached Complaint.

If this Summons is served upon you within the State of New York by personal service you must respondl
within TWENTY (20) days after service, not counting the day of service. If this Summons is not personally delivereI
to you within the State of New York you must respond within THIRTY (30) days after service is completed, as
provided by law.

If you do not respond to the attached Complaint within the applicable time limitation stated above aJudgmen"I
will be entered against you, by default, for the relief demanded in the Complaint, without further notice to you.

This action is brought in the County of ERIE because of:

X Plaintiff's residence, or place of business;
Defendant's residence;
Designation made by Plaintiffs.

DATED: Buffalo, New York
February 10, 2021

Peter M. Kooshoian, Esq.
Rosenthal, Kooshoian & Lennon, LLP
Attorneys for Plaintiff
80 West Huron Street
Buffalo, New York 14202
(716) 854-1300

Rosenthal, Kooshoian & Lennon, LLP
ATTORNEYS AND COUNSELORS AT LAW / 80 WEST HURON STREET/ BUFFALO, NEW YORK 14202 / ( 716) 854-1300

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STATE OF NEW YORK
SUPREME COURT : COUNTY OF ERIE

MARIA KARIMOVA,

Plaintiff, COMPLAINT

Index No.:

PROGRESSIVE CASUALTY INSURANCE COMPANY,

Defendant.

The Plaintiff, MARIA KARIMOVA, by and through her attorneys, Rosenthal, Kooshoian & Lennon,

LLP for her cause of action against the Defendant, PROGRESSIVE CASUALTY INSURANCE COMPANY,

herein alleges:

1. At all times herein mentioned, the Plaintiff, MARIA KARIMOVA, was and still is aresident of

the County of Erie and State of New York.

2. That upon information and belief, the Defendant, PROGRESSIVE CASUALTY INSURANCE

COMPANY, was and remains acorporation authorized to do business in the State of New York with offices

located at One Corporate Drive, Suite 201, Bohemia, New York 11716.

3. That upon information and belief, at all times herein mentioned, the Defendant,

PROGRESSIVE CASUALTY INSURANCE COMPANY, is an insurance company licensed and authorized

to engage in business providing automobile insurance in the State of New York.

4. Upon information and belief, the Defendant, PROGRESSIVE CASUALTY INSURANCE

COMPANY, was authorized to write policies of insurance within the State of New York by the New York

State Insurance Department.

Rosenthal, Iioosholan & Lennon„ LLP
ATTORNEYS AND COUNSELORS AT LAW/80 WEST HURON STREET / BUFFAW, NEW YORK 11202 / ( 716) Si4-]300

17 of 191
FILED: ERIE COUNTY CLERK 10/12/2023 11:18 AM INDEX NO. 801743/2021
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 10/12/2023
14

(FI ED: ERIE COUNTY CLERK 11/09/2022 02:42 PMJ INDEX NO. 801743/2021

NYS EF DOC. NO. 11 RECEIVED NYSCEF: 11/09/202

5. That on the 27th day of December, 2019, at approximately 6:18 p.m., the Plaintiff, MARIA

KARIMOVA, was the owner and operator of a2019 Mazda motor vehicle bearing New York State

Registration Plate number: HLF 6828 on Military Road at or near the intersection of Victoria Boulevard in

the Village of Kenmore, County of Erie and State of New York.

6. A vehicle operated by Darren Ryan with the permission and consent of the owner, Elizabeth

Ryan, collided with the vehicle owned and operated by the Plaintiff, MARIA KARIMOVA, causing the

Plaintiff, MARIA KARIMOVA, to sustain serious injuries as defined in the New York State Insurance Law.

7. The collision was the result of the negligence, carelessness and/or recklessness of Darren

Ryan, in the operation of the vehicle owned by Elizabeth Ryan.

8. At all times herein mentioned, the Plaintiff, MARIA KARIMOVA, operated her vehicle in a

reasonable and prudent manner with due caution in regard for the laws of the State of New York.

9. Upon information and belief, at the time of the collision, the vehicle owned and operated by

MARIA KARIMOVA was insured by the Defendant, PROGRESSIVE CASUALTY INSURANCE

COMPANY, under policy number: 922017897-3.

10. On the date of the loss the Defendant's policy of insurance contained aprovision for

Case Info

Judge

Amy Martoche Track Judge’s New Case

Case No.

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Document Filed Date

October 12, 2023

Case Filing Date

February 11, 2021

County

Parties

KOOSHOIAN, PETER MATTHEW Attorney for the Plaintiff
Maria Karimova Plaintiff
Maria Karimova Plaintiff
Progressive Casualty Insurance Company Defendant
Progressive Casualty Insurance Company Defendant
SINES, KAITLIN ASHLEY Attorney for the Defendant
TRUEMAN, ALICE A Attorney for the Defendant
JASON TELAAK Attorney
TIMOTHY ANDRUSCHAT Attorney
STEVEN PEIPER Attorney
Rebecca Cronauer Attorneys for Plaintiffs
MARC SCHULZ Attorneys for Defendants
J LANNON Attorneys for Plaintiffs
AARON GLAZER Attorney
LEO FABRIZI Attorney
JOHN WALLACE Attorney
TERRENCE HIGGINS Attorney
STEPHEN SORRELS Attorney

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Appellate Materials: Maria Karimova v. Progressive Casualty Insurance Company

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