Preview
FILED: SUFFOLK COUNTY CLERK 01/16/2024 01:31 PM INDEX NO. 631416/2023
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/16/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
____---------------------------------------X
In the Matter of the Application of the
PROGRESSIVE ADVANCED INSURANCE COMPANY, Index No.: 631416/2023
Petitioner,
-against- AFFIRMATION IN
OPPOSITION FOR
To Stay the Arbitration Sought to be had by NOTICE OF PETITION
JOSUE I. VELIS VENTURA, Return Date:
02/29/24
Respondent,
CANAL INSURANCE COMPANY, SHARK LOGISTICS
CORP., FREEDOM TRANS CORP. and
KENNETH L. JACOBS,
Proposed Additional Respondents.
-------------------------------------------X
ROGER ACOSTA, ESQ., an attorney duly admitted to practice law before the Courts of
the State of New York, hereby affirms the following under of the penalties for perjury:
1. I am a member of the law firm of CANNON & ACOSTA, LLP, attorneys
for the respondent, JOSUE I. VELIS VENTURA.
2. This affirmation is made upon information and belief the source of which is
the file maintained by this office.
3. This affirmation is made in partial opposition to the Notice of Petition of
PROGRESSIVE ADVANCED INSURANCE COMPANY in connection with the AAA (UM)
application made by our client JOSUE I. VELIS VENTURA with PROGRESSIVE
ADVANCED INSURANCE COMPANY.
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FILED: SUFFOLK COUNTY CLERK 01/16/2024 01:31 PM INDEX NO. 631416/2023
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/16/2024
4. This matter arises out of motor vehicle accident which occurred on August
8, 2023. The basic facts of the accident are undisputed and in fact were caught on video
surveillance. Our client was in his vehicle stopped and properly parked when an 18-wheeler
tracker trailer lost control and struct the vehicle that our client Mr. Velis Ventura was in.
"A"
Attached hereto is Exhibit is a copy of the applicable police report. If the court wishes to
view the video footage of the accident same can be provided at the time of the hearing of this
action. As a result of the accident Mr. Velis Ventura sustained serious bodily injury for which he
continues under medical.
5. To date no insurance company has accepted coverage for the defendants
"B"
involved. Attached hereto is Exhibit are copies from Canal Insurance Company as well as
Risk Management Services declining to provide coverage.
6. Based upon all the forgoing it is clear that a hearing needs to be held to
determine appropriate coverage for the defendants or in the alternative if this court finds that
there is no coverage, then that this matter belongs in the AAA UM/SUM forum.
7. In summary, it appears that an order is needed adding all of the additional
parties contained in PROGRESSIVE ADVANCED INSURANCE COMPANY's petition
including the insurance companies involved so that a hearing can be scheduled for the
determination for the appropriate coverage.
WHEREFORE, for all the foregoing reasons it is respectfully requested that the
relief sort herein be granted, together with such other and further relief as to the Court seems just
and proper.
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Dated: Huntington Station, NY
January 16, 2024
Yours, etc.,
CANNON & OSTA, LLP.
. BY
ROG COSTA, ESQ.
Attorne or Respondent
1923 Ne York Avenue
Hunting n Station, NY 11746
(631) 271-6363
To:
LAW OFFICES OF JENNIFER S. ADAMS
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
CANAL INSURANCE COMPANY
Proposed Additional Respondent
P.O. 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
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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
438-1500 - AAA Case Number: 01-23-0005-0669
(917)
RISK MANAGEMENT SERVICES
P.O. Box 829
Clayton, NC 27520-9998
DAVINDER SINGH
1192 Green Street
Iselin, NJ 08830
UNITRIN ADVANTAGE INSURANCE COMPANY/
KEMPER
P.O. Box 2843
Clinton, IA 52733
Claim Number: 23123780459
a
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FILED: SUFFOLK COUNTY CLERK 01/16/2024 01:31 PM INDEX NO. 631416/2023
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/16/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
---------------------------------------------------------------------------X Index No.: 631416/2023
In the Matter of the Application of the
PROGRESSIVE ADVANCED INSURANCE COMPANY, CERTIFICATION OF
WORD COUNT PURSUANT
Petitioner, TO 22 NYCRR SECTION
202.8-b
-against-
To Stay the Arbitration Sought to be had by
JOSUE I. VELIS VENTURA,
Respondent,
CANAL INSURANCE COMPANY, SHARK LOGISTICS
CORP., FREEDOM TRANS CORP. and
KENNETH L. JACOBS,
Proposed Additional Respondents.
---------------------------------------------------------------------------X
The accompanying papers are served/filed/submitted pursuant to 22 NYCRR Section
202.8-b:
There are 656 words in the annexed Affirmation in Opposition for Notice of Petition.
This document complies with the word count limit.
DATED: Huntington Station, New York
January 16, 2024
Yours, etc.,
By:
OGER OSTA, ESQ.
CANNON ACOSTA, LLP
Attorneys for Respondent
JOSUE I. VELIS VENTURA
Office & P.O. Address
1923 New York Avenue
Huntington Station, N.Y. 11746
(631) 271-6363
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NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/16/2024
To:
LAW OFFICES OF JENNIFER S. ADAMS
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
CANAL INSURANCE COMPANY
Proposed Additional Respondent
P.O. 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
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NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/16/2024
AMERICAN ARBITRATION ASSOCIATION
32 Old Slip, 33rd Fl.
New York, New York 10005
438-1500 - AAA Case Number: 01-23-0005-0669
(917)
RISK MANAGEMENT SERVICES
P.O. Box 829
Clayton, NC 27520-9998
DAVINDER SINGH
1192 Green Street
Iselin, NJ 08830
UNITRIN ADVANTAGE INSURANCE COMPANY/
KEMPER
P.O. Box 2843
Clinton, IA 52733
Claim Number: 23123780459
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Preview
FILED: SUFFOLK COUNTY CLERK 01/16/2024 01:31 PM INDEX NO. 631416/2023 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/16/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ____---------------------------------------X In the Matter of the Application of the PROGRESSIVE ADVANCED INSURANCE COMPANY, Index No.: 631416/2023 Petitioner, -against- AFFIRMATION IN OPPOSITION FOR To Stay the Arbitration Sought to be had by NOTICE OF PETITION JOSUE I. VELIS VENTURA, Return Date: 02/29/24 Respondent, CANAL INSURANCE COMPANY, SHARK LOGISTICS CORP., FREEDOM TRANS CORP. and KENNETH L. JACOBS, Proposed Additional Respondents. -------------------------------------------X ROGER ACOSTA, ESQ., an attorney duly admitted to practice law before the Courts of the State of New York, hereby affirms the following under of the penalties for perjury: 1. I am a member of the law firm of CANNON & ACOSTA, LLP, attorneys for the respondent, JOSUE I. VELIS VENTURA. 2. This affirmation is made upon information and belief the source of which is the file maintained by this office. 3. This affirmation is made in partial opposition to the Notice of Petition of PROGRESSIVE ADVANCED INSURANCE COMPANY in connection with the AAA (UM) application made by our client JOSUE I. VELIS VENTURA with PROGRESSIVE ADVANCED INSURANCE COMPANY. 1 of 7 FILED: SUFFOLK COUNTY CLERK 01/16/2024 01:31 PM INDEX NO. 631416/2023 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/16/2024 4. This matter arises out of motor vehicle accident which occurred on August 8, 2023. The basic facts of the accident are undisputed and in fact were caught on video surveillance. Our client was in his vehicle stopped and properly parked when an 18-wheeler tracker trailer lost control and struct the vehicle that our client Mr. Velis Ventura was in. "A" Attached hereto is Exhibit is a copy of the applicable police report. If the court wishes to view the video footage of the accident same can be provided at the time of the hearing of this action. As a result of the accident Mr. Velis Ventura sustained serious bodily injury for which he continues under medical. 5. To date no insurance company has accepted coverage for the defendants "B" involved. Attached hereto is Exhibit are copies from Canal Insurance Company as well as Risk Management Services declining to provide coverage. 6. Based upon all the forgoing it is clear that a hearing needs to be held to determine appropriate coverage for the defendants or in the alternative if this court finds that there is no coverage, then that this matter belongs in the AAA UM/SUM forum. 7. In summary, it appears that an order is needed adding all of the additional parties contained in PROGRESSIVE ADVANCED INSURANCE COMPANY's petition including the insurance companies involved so that a hearing can be scheduled for the determination for the appropriate coverage. WHEREFORE, for all the foregoing reasons it is respectfully requested that the relief sort herein be granted, together with such other and further relief as to the Court seems just and proper. 2 of 7 FILED: SUFFOLK COUNTY CLERK 01/16/2024 01:31 PM INDEX NO. 631416/2023 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/16/2024 Dated: Huntington Station, NY January 16, 2024 Yours, etc., CANNON & OSTA, LLP. . BY ROG COSTA, ESQ. Attorne or Respondent 1923 Ne York Avenue Hunting n Station, NY 11746 (631) 271-6363 To: LAW OFFICES OF JENNIFER S. ADAMS 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 CANAL INSURANCE COMPANY Proposed Additional Respondent P.O. 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 3 of 7 FILED: SUFFOLK COUNTY CLERK 01/16/2024 01:31 PM INDEX NO. 631416/2023 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/16/2024 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 438-1500 - AAA Case Number: 01-23-0005-0669 (917) RISK MANAGEMENT SERVICES P.O. Box 829 Clayton, NC 27520-9998 DAVINDER SINGH 1192 Green Street Iselin, NJ 08830 UNITRIN ADVANTAGE INSURANCE COMPANY/ KEMPER P.O. Box 2843 Clinton, IA 52733 Claim Number: 23123780459 a 4 of 7 FILED: SUFFOLK COUNTY CLERK 01/16/2024 01:31 PM INDEX NO. 631416/2023 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/16/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ---------------------------------------------------------------------------X Index No.: 631416/2023 In the Matter of the Application of the PROGRESSIVE ADVANCED INSURANCE COMPANY, CERTIFICATION OF WORD COUNT PURSUANT Petitioner, TO 22 NYCRR SECTION 202.8-b -against- To Stay the Arbitration Sought to be had by JOSUE I. VELIS VENTURA, Respondent, CANAL INSURANCE COMPANY, SHARK LOGISTICS CORP., FREEDOM TRANS CORP. and KENNETH L. JACOBS, Proposed Additional Respondents. ---------------------------------------------------------------------------X The accompanying papers are served/filed/submitted pursuant to 22 NYCRR Section 202.8-b: There are 656 words in the annexed Affirmation in Opposition for Notice of Petition. This document complies with the word count limit. DATED: Huntington Station, New York January 16, 2024 Yours, etc., By: OGER OSTA, ESQ. CANNON ACOSTA, LLP Attorneys for Respondent JOSUE I. VELIS VENTURA Office & P.O. Address 1923 New York Avenue Huntington Station, N.Y. 11746 (631) 271-6363 5 of 7 FILED: SUFFOLK COUNTY CLERK 01/16/2024 01:31 PM INDEX NO. 631416/2023 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/16/2024 To: LAW OFFICES OF JENNIFER S. ADAMS 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 CANAL INSURANCE COMPANY Proposed Additional Respondent P.O. 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 6 of 7 FILED: SUFFOLK COUNTY CLERK 01/16/2024 01:31 PM INDEX NO. 631416/2023 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/16/2024 AMERICAN ARBITRATION ASSOCIATION 32 Old Slip, 33rd Fl. New York, New York 10005 438-1500 - AAA Case Number: 01-23-0005-0669 (917) RISK MANAGEMENT SERVICES P.O. Box 829 Clayton, NC 27520-9998 DAVINDER SINGH 1192 Green Street Iselin, NJ 08830 UNITRIN ADVANTAGE INSURANCE COMPANY/ KEMPER P.O. Box 2843 Clinton, IA 52733 Claim Number: 23123780459 7 of 7