Preview
FILED: SUFFOLK COUNTY CLERK 12/21/2023 12:31 PM INDEX NO. 631416/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/21/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
---------------------------------------------------------------------X Index No.:
In the Matter of the Application of the
PROGRESSIVE ADVANCED INSURANCE COMPANY,
Petitioner, NOTICE OF PETITION
-against-
To Stay the Arbitration sought to be had by
JOSUE I. VELIS VENTURA,
Respondent.
-and-
CANAL INSURANCE COMPANY, SHARK LOGISTICS
CORP., FREEDOM TRANS CORP. and
KENNETH L. JACOBS,
Proposed Additional Respondents.
---------------------------------------------------------------------X
PETITION BY: LAW OFFICES OF
JENNIFER S. ADAMS
Attorneys for Petitioner
Progressive Advanced Insurance Company
1 Executive Boulevard, Suite 280
Yonkers, New York 10701
(914) 522-2046
File No.: 232728502
PLACE, DATE and TIME: SUPREME COURT, SUFFOLK
COUNTY
1 Court Street
Riverhead, NY 11901
Friday, February 29, 2024 at 9:30AM
RELIEF REQUESTED: For an Order:
(A) Pursuant to CPLR §7503
permanently staying the Respondent JOSUE
I. VELIS VENTURA from proceeding at the
American Arbitration Association against the
Petitioner for a Supplementary
Uninsured/Underinsured (Uninsured)
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FILED: SUFFOLK COUNTY CLERK 12/21/2023 12:31 PM INDEX NO. 631416/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/21/2023
Motorist Arbitration on the grounds that there
is available insurance with the CANAL
INSURANCE COMPANY;
(B) Respondent JOSUE I. VELIS
VENTURA has not complied with conditions
precedent with respect to completing the pre-
arbitration discovery process;
(C) Adding the Proposed Additional
Respondent CANAL INSURANCE
COMPANY, SHARK LOGISTICS CORP.,
DOM TRANS CORP and KENNETH L.
JACOBS to this proceeding to address the
coverage issues;
(D) And for such other and further relief
as the Court may deem just and proper.
SUPPORTING PAPERS: Affirmed Petition in Support of MICHAEL
A. ZARKOWER, ESQ. with Verification;
and all papers hereto fore had herein.
ANSWERING AFFIDAVITS: Answering affidavits, if any, shall be served
at least seven (7) days prior to the return date
of this petition per CPLR 2214(b).
Dated: Yonkers, New York
December 21, 2023
Yours, etc.
LAW OFFICES OF JENNIFER S. ADAMS
By: ___________________________________
MICHAEL A. ZARKOWER, ESQ.
Attorneys for Petitioner
PROGRESSIVE ADVANCED INSURANCE
COMPANY
20 Lawrence Bell Drive, Suite 300
Williamsville, NY 14221
(mailing address)
----
One Executive Boulevard, Suite 280
Yonkers, New York 10701
(physical address)
(914) 522-2046
File No.: 232728502
TO: CANNON & ACOSTA,LLP
Attorneys for Respondent
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FILED: SUFFOLK COUNTY CLERK 12/21/2023 12:31 PM INDEX NO. 631416/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/21/2023
JOSUE I. VELIS VENTURA
1923 New York Avenue
Huntington Station, NY 11746
(631) 271-6363
CANAL INSURANCE COMPANY
Proposed Additional Respondent
PO BOX 7
GREENVILLE, SC 29602
(646) 527-6629
Policy No.: 658175001
Claim No.: L544048EXP2
CANAL INSURANCE COMPANY
c/o State of New York Insurance Department
Agency Building One
Empire State Plaza
Albany, New York 12257
(518) 474-4567
SHARK LOGISTICS CORP.
Proposed Additional Respondent
1192 Green Street
Iselin, NJ 08830
FREEDOM TRANS CORP
Proposed Additional Respondent
402 Nottingham Ln
Collegeville, PA 19426
(215) 859-0775
KENNETH L. JACOBS
Proposed Additional Respondent
1 W Farms Square 2N
Bronx, NY 10460
AMERICAN ARBITRATION ASSOCIATION
32 Old Slip, 33rd Fl.
New York, New York 10005
(917) 438-1500 – AAA Case Number: 01-23-0005-0669
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FILED: SUFFOLK COUNTY CLERK 12/21/2023 12:31 PM INDEX NO. 631416/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/21/2023
INDEX NO.:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
In the Matter of the Application of the
PROGRESSIVE ADVANCED INSURANCE COMPANY,
Petitioner,
-against-
To Stay the Arbitration sought to be had by
JOSUE I. VELIS VENTURA,
Respondent.
-and-
CANAL INSURANCE COMPANY, SHARK LOGISTICS CORP.,
FREEDOM TRANS CORP. and KENNETH L. JACOBS,
Proposed Additional Respondents.
NOTICE OF ELECTRONIC FILING, RJI, NOTICE OF PETITION, PETITION with EXHIBITS
LAW OFFICES OF JENNIFER S. ADAMS
ATTORNEYS AND COUNSELORS AT LAW
ATTORNEYS FOR PETITIONER
20 Lawrence Bell Drive, Suite 300
Williamsville, NY 14221 (mailing address)
----
One Executive Boulevard, Suite 280
Yonkers, New York 10701(physical address)
(914) 522-2046
Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the courts of New York State, certifies
that, upon information and belief and reasonable inquiry, the contentions contained in the annexed document are not
frivolous.
Dated: December 21, 2023 Signature...................................................................
MICHAEL A. ZARKOWER, ESQ.
Dated: Yonkers, New York
December 21, 2023 LAW OFFICES OF JENNIFER S. ADAMS
Attorneys for Petitioner
1 Executive Blvd., Suite 280
Yonkers, New York 10701
To: (914) 522-2046
File No.: 232728502
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Preview
FILED: SUFFOLK COUNTY CLERK 12/21/2023 12:31 PM INDEX NO. 631416/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/21/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ---------------------------------------------------------------------X Index No.: In the Matter of the Application of the PROGRESSIVE ADVANCED INSURANCE COMPANY, Petitioner, NOTICE OF PETITION -against- To Stay the Arbitration sought to be had by JOSUE I. VELIS VENTURA, Respondent. -and- CANAL INSURANCE COMPANY, SHARK LOGISTICS CORP., FREEDOM TRANS CORP. and KENNETH L. JACOBS, Proposed Additional Respondents. ---------------------------------------------------------------------X PETITION BY: LAW OFFICES OF JENNIFER S. ADAMS Attorneys for Petitioner Progressive Advanced Insurance Company 1 Executive Boulevard, Suite 280 Yonkers, New York 10701 (914) 522-2046 File No.: 232728502 PLACE, DATE and TIME: SUPREME COURT, SUFFOLK COUNTY 1 Court Street Riverhead, NY 11901 Friday, February 29, 2024 at 9:30AM RELIEF REQUESTED: For an Order: (A) Pursuant to CPLR §7503 permanently staying the Respondent JOSUE I. VELIS VENTURA from proceeding at the American Arbitration Association against the Petitioner for a Supplementary Uninsured/Underinsured (Uninsured) 1 of 4 FILED: SUFFOLK COUNTY CLERK 12/21/2023 12:31 PM INDEX NO. 631416/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/21/2023 Motorist Arbitration on the grounds that there is available insurance with the CANAL INSURANCE COMPANY; (B) Respondent JOSUE I. VELIS VENTURA has not complied with conditions precedent with respect to completing the pre- arbitration discovery process; (C) Adding the Proposed Additional Respondent CANAL INSURANCE COMPANY, SHARK LOGISTICS CORP., DOM TRANS CORP and KENNETH L. JACOBS to this proceeding to address the coverage issues; (D) And for such other and further relief as the Court may deem just and proper. SUPPORTING PAPERS: Affirmed Petition in Support of MICHAEL A. ZARKOWER, ESQ. with Verification; and all papers hereto fore had herein. ANSWERING AFFIDAVITS: Answering affidavits, if any, shall be served at least seven (7) days prior to the return date of this petition per CPLR 2214(b). Dated: Yonkers, New York December 21, 2023 Yours, etc. LAW OFFICES OF JENNIFER S. ADAMS By: ___________________________________ MICHAEL A. ZARKOWER, ESQ. Attorneys for Petitioner PROGRESSIVE ADVANCED INSURANCE COMPANY 20 Lawrence Bell Drive, Suite 300 Williamsville, NY 14221 (mailing address) ---- One Executive Boulevard, Suite 280 Yonkers, New York 10701 (physical address) (914) 522-2046 File No.: 232728502 TO: CANNON & ACOSTA,LLP Attorneys for Respondent 2 of 4 FILED: SUFFOLK COUNTY CLERK 12/21/2023 12:31 PM INDEX NO. 631416/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/21/2023 JOSUE I. VELIS VENTURA 1923 New York Avenue Huntington Station, NY 11746 (631) 271-6363 CANAL INSURANCE COMPANY Proposed Additional Respondent PO BOX 7 GREENVILLE, SC 29602 (646) 527-6629 Policy No.: 658175001 Claim No.: L544048EXP2 CANAL INSURANCE COMPANY c/o State of New York Insurance Department Agency Building One Empire State Plaza Albany, New York 12257 (518) 474-4567 SHARK LOGISTICS CORP. Proposed Additional Respondent 1192 Green Street Iselin, NJ 08830 FREEDOM TRANS CORP Proposed Additional Respondent 402 Nottingham Ln Collegeville, PA 19426 (215) 859-0775 KENNETH L. JACOBS Proposed Additional Respondent 1 W Farms Square 2N Bronx, NY 10460 AMERICAN ARBITRATION ASSOCIATION 32 Old Slip, 33rd Fl. New York, New York 10005 (917) 438-1500 – AAA Case Number: 01-23-0005-0669 3 of 4 FILED: SUFFOLK COUNTY CLERK 12/21/2023 12:31 PM INDEX NO. 631416/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/21/2023 INDEX NO.: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK In the Matter of the Application of the PROGRESSIVE ADVANCED INSURANCE COMPANY, Petitioner, -against- To Stay the Arbitration sought to be had by JOSUE I. VELIS VENTURA, Respondent. -and- CANAL INSURANCE COMPANY, SHARK LOGISTICS CORP., FREEDOM TRANS CORP. and KENNETH L. JACOBS, Proposed Additional Respondents. NOTICE OF ELECTRONIC FILING, RJI, NOTICE OF PETITION, PETITION with EXHIBITS LAW OFFICES OF JENNIFER S. ADAMS ATTORNEYS AND COUNSELORS AT LAW ATTORNEYS FOR PETITIONER 20 Lawrence Bell Drive, Suite 300 Williamsville, NY 14221 (mailing address) ---- One Executive Boulevard, Suite 280 Yonkers, New York 10701(physical address) (914) 522-2046 Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the courts of New York State, certifies that, upon information and belief and reasonable inquiry, the contentions contained in the annexed document are not frivolous. Dated: December 21, 2023 Signature................................................................... MICHAEL A. ZARKOWER, ESQ. Dated: Yonkers, New York December 21, 2023 LAW OFFICES OF JENNIFER S. ADAMS Attorneys for Petitioner 1 Executive Blvd., Suite 280 Yonkers, New York 10701 To: (914) 522-2046 File No.: 232728502 4 of 4