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FILED: NASSAU COUNTY CLERK 04/03/2024 10:33 AM INDEX NO. 609083/2018
NYSCEF DOC. NO. 374 RECEIVED NYSCEF: 04/03/2024
EXHIBIT B
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AMENDED COMPLAINT
.
CLAIMS AS TO DEFENDANTS GEICO,
PICCIANO & SCAHILL, LLP, and GILBERT J. HARDY, ESQ.
EXHIBIT “1”
EXHIBIT “1”
CLAIMS AS TO DEFENDANTS
NEIL H. GREENBERG & ASSOCIATES P.C., and NEIL H. GREENBERG, ESQ.
EXHIBIT “2”
EXHIBIT “2”
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JUDICARY LAW 487 CLAIMS AGAINST TO DEFENDANTS
PICCIANO & SCAHILL, LLP, and GILBERT J. HARDY, ESQ.
NEIL H. GREENBERG & ASSOCIATES P.C., and NEIL H. GREENBERG, ESQ.
In re BRYANT
THE FACTS
A. Summary of the Deceit Which Gives Rise To This Case
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EXHIBIT
“3”
EXHIBIT “4”
EXHIBIT “5”.
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EXHIBIT “6”.
EXHIBIT
“7”.
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EXHIBIT “8”.
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EXHIBIT “9”.
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EXHIBIT “10”.
EXHIBIT
“10”.
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EXHIBIT “10”.
EXHIBIT “11”.
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EXHIBIT “11”.
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EXHIBIT “12”.
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EXHIBIT “13”.
EXHIBIT “14”.
EXHIBIT “15”.
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EXHIBIT “16”.
EXHIBIT “17”.
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EXHIBIT “12”.
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EXHIBIT “18”
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EXHIBIT “19”
EXHIBIT “19”
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EXHIBIT “20”
EXHIBIT “19”
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EXHIBIT
“19”
EXHIBIT “21”
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EXHIBIT “19”
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EXHIBIT “22”
EXHIBIT “23”
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EXHIBIT “22”
EXHIBIT “19”
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EXHIBIT
“19”
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EXHIBIT “19”
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EXHIBIT “24”
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EXHIBIT “25”
EXHIBIT “26”
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WHEREFORE
Yours, etc.
Wade Morris
WADE T. MORRIS, ESQ.
Attorneys for Plaintiff
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ATTORNEY'S VERIFICATION
Wade Morris
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EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
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MARC PERGAMENT, ESQ., as Chapter 7 Trustee of Index No.:
the Estate of MELISSA GACE BRYANT, Dated Purchased:
Plaintiff, Plaintiff Designates:
Nassau County as the place of
-against- trial.
The basis for Venue is:
GOVERNMENT EMPLOYEES INSURANCE COMPANY Plaintiff's residence:
("GEICO"), PICCIANO & SCAHILL, LLP and GILBERT 400 Garden City Plaza, Ste. 403
J. HARDY, ESQ., Garden City, New York 11530
Defendants.
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TO THE ABOVE-NAMED DEFENDANTS:
You are hereby summoned to answer the complaint in this action, and to serve a copy of your
answer, or, if the complaint is not served with this summons, to serve a notice of appearance on
the Plaintiffs attorneys within twenty days after the service of this summons, exclusive of the day
of service, where service is made by delivery upon you personally within the state, or, within 30
days after completion of service where service is made in any other manner. In case of your failure
to appear or answer, judgment will be taken against you by default for the relief demanded in the
complaint.
Dated: New York, New York
July 6, 2018 Your , etc.:
RUTH E. BERNS IN FIRM
Defendants'
Addresses: Attorneys for Plaintiff
33d
GOVERNMENT EMPLOYEES INSURANCE 450 Seventh Avenue, Floor
COMPANY (AGEICO") New York, New York 10123
5260 Western Avenue (212) 888-6688
Chevy Chase, MD 20815
and
750 Woodbury Road
Woodbury, New York 11797
and
c/o Secretary of State
One Commerce Plaza
99 Washington Avenue
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Albany, New York 12231
PICCIANO & SCAHILL, P.C.
1065 Stewart Avenue, Suite 210
Bethpage, New York 11714
GILBERT J. HARDY, ESQ.
18 Algonquin Drive
Huntington ton
Hunting Station, New York 11746
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
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MARC PERGAMENT, ESQ., as Chapter 7 Trustee of
the Estate of MELISSA GACE BRYANT, Index No.:
Plaintiff,
-against-
GOVERNMENT EMPLOYEES INSURANCE COMPANY VERIFIED COMPLAINT
("GEICO"), PICCIANO & SCAHILL, LLP and GILBERT
J. HARDY, ESQ.,
Defendants.
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Plaintiff MARC PERGAMENT, ESQ., as Chapter 7 Trustee of the Estate of MELISSA
GACE BRYANT, complaining of the Defendants by his attorneys, THE RUTH E. BERNSTEIN
LAW FIRM, respectfully alleges the following upon information and belief:
THE PARTIES
1. At all times herein mentioned Defendant insurer, GOVERNMENT EMPLOYEES
INSURANCE COMPANY ("GEICO") was and still is a foreign corporation organized and
existing pursuant to the laws of the State of Maryland, with a principal place of business located
at 5260 Western Avenue, Chevy Chase, Maryland 20815.
2. At all times herein mentioned Defendant GEICO maintained corporate offices for
its operations as an insurance company within the State of New York, located at 750 Woodbury
Road, Woodbury, New York 11797
3. At all times herein mentioned the Defendant insurer GEICO, was and still is a
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licensed insurance company authorized to do business within the State of New York.
(" Date"
4. On or about April 28, 2017 ("Petition Date"), MELISSA GACE BRYANT ("GACE
BRYANT") filed a voluntary petition for relief under Chapter 7 ofthe Bankruptcy Code in the United
(" Court"
States Bankruptcy Court for the Eastern District of New York ("Bankruptcy Court") and the case
was assigned to the Honorable Robert E. Grossman, United States Bankruptcy Judge, under Case
No. 817-72593-A73.
5. At all times herein mentioned, the Plaintiff MARC PERGAMENT, ESQ.
("PERGAMENT") was and is the duly appointed Chapter 7 Trustee of the Bankruptcy Estate of
GACE BRYANT pursuant to 11 U.S.C. § 704, having been appointed on April 28, 2017 by the
United States Bankruptcy Court for the Eastern District of New York, having duly qualified as
such, and by operation of law, having become the permanent Trustee of GACE BRYANT'S Estate.
6. At all times herein mentioned, the Trustee maintains an office at 400 Garden City
Plaza, Suite 403, Garden City, New York 11530.
7. At all times herein mentioned, the GACE BRYANT was a GEICO insured.
8. Upon information and belief, at all times herein mentioned, Defendant PICCIANO
& SCAHILL ("P&S") was and still is a domestic personal corporation organized and existing
pursuant to the laws of the State of New York, maintaining offices for the practice of law in the
State of New York, County of Nassau, located at 1065 Stewart Avenue, Suite 210, Bethpage,
New York 11714.
9. Upon information and belief, at all times herein mentioned, Defendant P&S was
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retained by Defendant GEICO as legal counsel assigned to represent and defend GACE
BRYANT against personal injury claims against her arising from a motor vehicle accident on
Action"
December 7, 2009 (hereinafter, the "Underlying Action").
10. Upon information and belief, at all times herein mentioned, Defendant P&S was
contractually obligated by Defendant GEICO to competently and ethically represent and defend
the interests of GEICO's insured, GACE BRYANT against claims arising from a motor vehicle
accident in which she was involved on December 7, 2009.
11. Upon information and belief, at all times herein mentioned, all of Defendant P&S's
bills for legal services rendered by said Defendant to GACE BRYANT in connection with the
Underlying Action were billed to, and were paid by Defendant GEICO.
12. Upon information and belief, at all times herein mentioned, Defendant GILBERT J.
HARDY, ESQ. ("HARDY") was and is an individual residing in the State of New York, County
of Suffolk at 18 Algonquin Drive, Huntington Station, New York 11746.
13. Upon information and belief, at all times herein mentioned, Defendant HARDY
was and is an employee and/or agent of Defendant P&S, and was charged by P&S with the duty
to directly litigate the Underlying Action in defense of GACE BRYANT.
14. Upon information and belief, at all times herein mentioned, Defendant HARDY
was charged by Defendant P&S to perform and carry out pre-trial preparations and, ultimately, to
advise GACE BRYANT before and during trial of the Underlying Action as her trial counsel.
AS AND FOR A FIRST CAUSE OF ACTION AGAINST
DEFENDANT GEICO FOR BAD FAITH FAILURE TO SETTLE
15. At all times herein mentioned, Defendant GEICO issued auto insurance policies
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covering the activities of its insureds in connection with their use and operation of insured motor
vehicles within the State of New York, including the Counties of Nassau and Suffolk.
16. At all times herein mentioned, and on or about December 7, 2009, GACE
BRYANT was the owner of a 1995 Dodge motor vehicle bearing New York State registration
number ECM8929.
17. On or about December 7, 2009, GACE BRYANT was the operator of the
aforementioned 1995 Dodge motor vehicle.
18. Upon information and belief, on or before December 7, 2009, Defendant GEICO
issued a liability insur
Preview
FILED: NASSAU COUNTY CLERK 04/03/2024 10:33 AM INDEX NO. 609083/2018 NYSCEF DOC. NO. 374 RECEIVED NYSCEF: 04/03/2024 EXHIBIT B FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 11/22/2023 04/03/2024 06:28 10:33 PM AM INDEX NO. 609083/2018 NYSCEF DOC. NO. 331 374 RECEIVED NYSCEF: 11/29/2023 04/03/2024 AMENDED COMPLAINT . CLAIMS AS TO DEFENDANTS GEICO, PICCIANO & SCAHILL, LLP, and GILBERT J. HARDY, ESQ. EXHIBIT “1” EXHIBIT “1” CLAIMS AS TO DEFENDANTS NEIL H. GREENBERG & ASSOCIATES P.C., and NEIL H. GREENBERG, ESQ. EXHIBIT “2” EXHIBIT “2” 1 of 253 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 11/22/2023 04/03/2024 06:28 10:33 PM AM INDEX NO. 609083/2018 NYSCEF DOC. NO. 331 374 RECEIVED NYSCEF: 11/29/2023 04/03/2024 JUDICARY LAW 487 CLAIMS AGAINST TO DEFENDANTS PICCIANO & SCAHILL, LLP, and GILBERT J. HARDY, ESQ. NEIL H. GREENBERG & ASSOCIATES P.C., and NEIL H. GREENBERG, ESQ. In re BRYANT THE FACTS A. Summary of the Deceit Which Gives Rise To This Case 2 of 253 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 11/22/2023 04/03/2024 06:28 10:33 PM AM INDEX NO. 609083/2018 NYSCEF DOC. NO. 331 374 RECEIVED NYSCEF: 11/29/2023 04/03/2024 3 of 253 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 11/22/2023 04/03/2024 06:28 10:33 PM AM INDEX NO. 609083/2018 NYSCEF DOC. NO. 331 374 RECEIVED NYSCEF: 11/29/2023 04/03/2024 4 of 253 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 11/22/2023 04/03/2024 06:28 10:33 PM AM INDEX NO. 609083/2018 NYSCEF DOC. NO. 331 374 RECEIVED NYSCEF: 11/29/2023 04/03/2024 EXHIBIT “3” EXHIBIT “4” EXHIBIT “5”. 5 of 253 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 11/22/2023 04/03/2024 06:28 10:33 PM AM INDEX NO. 609083/2018 NYSCEF DOC. NO. 331 374 RECEIVED NYSCEF: 11/29/2023 04/03/2024 EXHIBIT “6”. EXHIBIT “7”. 6 of 253 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 11/22/2023 04/03/2024 06:28 10:33 PM AM INDEX NO. 609083/2018 NYSCEF DOC. NO. 331 374 RECEIVED NYSCEF: 11/29/2023 04/03/2024 EXHIBIT “8”. 7 of 253 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 11/22/2023 04/03/2024 06:28 10:33 PM AM INDEX NO. 609083/2018 NYSCEF DOC. NO. 331 374 RECEIVED NYSCEF: 11/29/2023 04/03/2024 EXHIBIT “9”. 8 of 253 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 11/22/2023 04/03/2024 06:28 10:33 PM AM INDEX NO. 609083/2018 NYSCEF DOC. NO. 331 374 RECEIVED NYSCEF: 11/29/2023 04/03/2024 EXHIBIT “10”. EXHIBIT “10”. 9 of 253 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 11/22/2023 04/03/2024 06:28 10:33 PM AM INDEX NO. 609083/2018 NYSCEF DOC. NO. 331 374 RECEIVED NYSCEF: 11/29/2023 04/03/2024 EXHIBIT “10”. EXHIBIT “11”. 10 of 253 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 11/22/2023 04/03/2024 06:28 10:33 PM AM INDEX NO. 609083/2018 NYSCEF DOC. NO. 331 374 RECEIVED NYSCEF: 11/29/2023 04/03/2024 EXHIBIT “11”. 11 of 253 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 11/22/2023 04/03/2024 06:28 10:33 PM AM INDEX NO. 609083/2018 NYSCEF DOC. NO. 331 374 RECEIVED NYSCEF: 11/29/2023 04/03/2024 12 of 253 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 11/22/2023 04/03/2024 06:28 10:33 PM AM INDEX NO. 609083/2018 NYSCEF DOC. NO. 331 374 RECEIVED NYSCEF: 11/29/2023 04/03/2024 EXHIBIT “12”. 13 of 253 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 11/22/2023 04/03/2024 06:28 10:33 PM AM INDEX NO. 609083/2018 NYSCEF DOC. NO. 331 374 RECEIVED NYSCEF: 11/29/2023 04/03/2024 14 of 253 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 11/22/2023 04/03/2024 06:28 10:33 PM AM INDEX NO. 609083/2018 NYSCEF DOC. NO. 331 374 RECEIVED NYSCEF: 11/29/2023 04/03/2024 EXHIBIT “13”. EXHIBIT “14”. EXHIBIT “15”. 15 of 253 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 11/22/2023 04/03/2024 06:28 10:33 PM AM INDEX NO. 609083/2018 NYSCEF DOC. NO. 331 374 RECEIVED NYSCEF: 11/29/2023 04/03/2024 EXHIBIT “16”. EXHIBIT “17”. 16 of 253 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 11/22/2023 04/03/2024 06:28 10:33 PM AM INDEX NO. 609083/2018 NYSCEF DOC. NO. 331 374 RECEIVED NYSCEF: 11/29/2023 04/03/2024 EXHIBIT “12”. 17 of 253 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 11/22/2023 04/03/2024 06:28 10:33 PM AM INDEX NO. 609083/2018 NYSCEF DOC. NO. 331 374 RECEIVED NYSCEF: 11/29/2023 04/03/2024 EXHIBIT “18” 18 of 253 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 11/22/2023 04/03/2024 06:28 10:33 PM AM INDEX NO. 609083/2018 NYSCEF DOC. NO. 331 374 RECEIVED NYSCEF: 11/29/2023 04/03/2024 19 of 253 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 11/22/2023 04/03/2024 06:28 10:33 PM AM INDEX NO. 609083/2018 NYSCEF DOC. NO. 331 374 RECEIVED NYSCEF: 11/29/2023 04/03/2024 20 of 253 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 11/22/2023 04/03/2024 06:28 10:33 PM AM INDEX NO. 609083/2018 NYSCEF DOC. NO. 331 374 RECEIVED NYSCEF: 11/29/2023 04/03/2024 21 of 253 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 11/22/2023 04/03/2024 06:28 10:33 PM AM INDEX NO. 609083/2018 NYSCEF DOC. NO. 331 374 RECEIVED NYSCEF: 11/29/2023 04/03/2024 EXHIBIT “19” EXHIBIT “19” 22 of 253 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 11/22/2023 04/03/2024 06:28 10:33 PM AM INDEX NO. 609083/2018 NYSCEF DOC. NO. 331 374 RECEIVED NYSCEF: 11/29/2023 04/03/2024 EXHIBIT “20” EXHIBIT “19” 23 of 253 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 11/22/2023 04/03/2024 06:28 10:33 PM AM INDEX NO. 609083/2018 NYSCEF DOC. NO. 331 374 RECEIVED NYSCEF: 11/29/2023 04/03/2024 EXHIBIT “19” EXHIBIT “21” 24 of 253 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 11/22/2023 04/03/2024 06:28 10:33 PM AM INDEX NO. 609083/2018 NYSCEF DOC. NO. 331 374 RECEIVED NYSCEF: 11/29/2023 04/03/2024 EXHIBIT “19” 25 of 253 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 11/22/2023 04/03/2024 06:28 10:33 PM AM INDEX NO. 609083/2018 NYSCEF DOC. NO. 331 374 RECEIVED NYSCEF: 11/29/2023 04/03/2024 EXHIBIT “22” EXHIBIT “23” 26 of 253 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 11/22/2023 04/03/2024 06:28 10:33 PM AM INDEX NO. 609083/2018 NYSCEF DOC. NO. 331 374 RECEIVED NYSCEF: 11/29/2023 04/03/2024 EXHIBIT “22” EXHIBIT “19” 27 of 253 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 11/22/2023 04/03/2024 06:28 10:33 PM AM INDEX NO. 609083/2018 NYSCEF DOC. NO. 331 374 RECEIVED NYSCEF: 11/29/2023 04/03/2024 EXHIBIT “19” 28 of 253 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 11/22/2023 04/03/2024 06:28 10:33 PM AM INDEX NO. 609083/2018 NYSCEF DOC. NO. 331 374 RECEIVED NYSCEF: 11/29/2023 04/03/2024 EXHIBIT “19” 29 of 253 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 11/22/2023 04/03/2024 06:28 10:33 PM AM INDEX NO. 609083/2018 NYSCEF DOC. NO. 331 374 RECEIVED NYSCEF: 11/29/2023 04/03/2024 EXHIBIT “24” 30 of 253 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 11/22/2023 04/03/2024 06:28 10:33 PM AM INDEX NO. 609083/2018 NYSCEF DOC. NO. 331 374 RECEIVED NYSCEF: 11/29/2023 04/03/2024 EXHIBIT “25” EXHIBIT “26” 31 of 253 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 11/22/2023 04/03/2024 06:28 10:33 PM AM INDEX NO. 609083/2018 NYSCEF DOC. NO. 331 374 RECEIVED NYSCEF: 11/29/2023 04/03/2024 WHEREFORE Yours, etc. Wade Morris WADE T. MORRIS, ESQ. Attorneys for Plaintiff 32 of 253 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 11/22/2023 04/03/2024 06:28 10:33 PM AM INDEX NO. 609083/2018 NYSCEF DOC. NO. 331 374 RECEIVED NYSCEF: 11/29/2023 04/03/2024 ATTORNEY'S VERIFICATION Wade Morris 33 of 253 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 11/22/2023 05/05/2023 04/03/2024 06:28 04:01 10:33 PM AM INDEX NO. 609083/2018 NYSCEF DOC. NO. 331 287 374 RECEIVED NYSCEF: 11/29/2023 05/05/2023 04/03/2024 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 34 of 253 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 11/22/2023 07/06/2018 05/05/2023 04/03/2024 06:28 05:26 04:01 10:33 PM AM INDEX NO. 609083/2018 NYSCEF DOC. NO. 331 1 287 374 RECEIVED NYSCEF: 11/29/2023 07/06/2018 05/05/2023 04/03/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU -------------------------------------------------------------------------X MARC PERGAMENT, ESQ., as Chapter 7 Trustee of Index No.: the Estate of MELISSA GACE BRYANT, Dated Purchased: Plaintiff, Plaintiff Designates: Nassau County as the place of -against- trial. The basis for Venue is: GOVERNMENT EMPLOYEES INSURANCE COMPANY Plaintiff's residence: ("GEICO"), PICCIANO & SCAHILL, LLP and GILBERT 400 Garden City Plaza, Ste. 403 J. HARDY, ESQ., Garden City, New York 11530 Defendants. -------------------------------------------------------------------------X TO THE ABOVE-NAMED DEFENDANTS: You are hereby summoned to answer the complaint in this action, and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance on the Plaintiffs attorneys within twenty days after the service of this summons, exclusive of the day of service, where service is made by delivery upon you personally within the state, or, within 30 days after completion of service where service is made in any other manner. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: New York, New York July 6, 2018 Your , etc.: RUTH E. BERNS IN FIRM Defendants' Addresses: Attorneys for Plaintiff 33d GOVERNMENT EMPLOYEES INSURANCE 450 Seventh Avenue, Floor COMPANY (AGEICO") New York, New York 10123 5260 Western Avenue (212) 888-6688 Chevy Chase, MD 20815 and 750 Woodbury Road Woodbury, New York 11797 and c/o Secretary of State One Commerce Plaza 99 Washington Avenue 35 1 of 253 42 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 11/22/2023 07/06/2018 05/05/2023 04/03/2024 06:28 05:26 04:01 10:33 PM AM INDEX NO. 609083/2018 NYSCEF DOC. NO. 331 1 287 374 RECEIVED NYSCEF: 11/29/2023 07/06/2018 05/05/2023 04/03/2024 Albany, New York 12231 PICCIANO & SCAHILL, P.C. 1065 Stewart Avenue, Suite 210 Bethpage, New York 11714 GILBERT J. HARDY, ESQ. 18 Algonquin Drive Huntington ton Hunting Station, New York 11746 36 2 of 253 42 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 11/22/2023 07/06/2018 05/05/2023 04/03/2024 06:28 05:26 04:01 10:33 PM AM INDEX NO. 609083/2018 NYSCEF DOC. NO. 331 1 287 374 RECEIVED NYSCEF: 11/29/2023 07/06/2018 05/05/2023 04/03/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU -------------------------------------------------------------------------X MARC PERGAMENT, ESQ., as Chapter 7 Trustee of the Estate of MELISSA GACE BRYANT, Index No.: Plaintiff, -against- GOVERNMENT EMPLOYEES INSURANCE COMPANY VERIFIED COMPLAINT ("GEICO"), PICCIANO & SCAHILL, LLP and GILBERT J. HARDY, ESQ., Defendants. -------------------------------------------------------------------------X Plaintiff MARC PERGAMENT, ESQ., as Chapter 7 Trustee of the Estate of MELISSA GACE BRYANT, complaining of the Defendants by his attorneys, THE RUTH E. BERNSTEIN LAW FIRM, respectfully alleges the following upon information and belief: THE PARTIES 1. At all times herein mentioned Defendant insurer, GOVERNMENT EMPLOYEES INSURANCE COMPANY ("GEICO") was and still is a foreign corporation organized and existing pursuant to the laws of the State of Maryland, with a principal place of business located at 5260 Western Avenue, Chevy Chase, Maryland 20815. 2. At all times herein mentioned Defendant GEICO maintained corporate offices for its operations as an insurance company within the State of New York, located at 750 Woodbury Road, Woodbury, New York 11797 3. At all times herein mentioned the Defendant insurer GEICO, was and still is a 37 3 of 253 42 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 11/22/2023 07/06/2018 05/05/2023 04/03/2024 06:28 05:26 04:01 10:33 PM AM INDEX NO. 609083/2018 NYSCEF DOC. NO. 331 1 287 374 RECEIVED NYSCEF: 11/29/2023 07/06/2018 05/05/2023 04/03/2024 licensed insurance company authorized to do business within the State of New York. (" Date" 4. On or about April 28, 2017 ("Petition Date"), MELISSA GACE BRYANT ("GACE BRYANT") filed a voluntary petition for relief under Chapter 7 ofthe Bankruptcy Code in the United (" Court" States Bankruptcy Court for the Eastern District of New York ("Bankruptcy Court") and the case was assigned to the Honorable Robert E. Grossman, United States Bankruptcy Judge, under Case No. 817-72593-A73. 5. At all times herein mentioned, the Plaintiff MARC PERGAMENT, ESQ. ("PERGAMENT") was and is the duly appointed Chapter 7 Trustee of the Bankruptcy Estate of GACE BRYANT pursuant to 11 U.S.C. § 704, having been appointed on April 28, 2017 by the United States Bankruptcy Court for the Eastern District of New York, having duly qualified as such, and by operation of law, having become the permanent Trustee of GACE BRYANT'S Estate. 6. At all times herein mentioned, the Trustee maintains an office at 400 Garden City Plaza, Suite 403, Garden City, New York 11530. 7. At all times herein mentioned, the GACE BRYANT was a GEICO insured. 8. Upon information and belief, at all times herein mentioned, Defendant PICCIANO & SCAHILL ("P&S") was and still is a domestic personal corporation organized and existing pursuant to the laws of the State of New York, maintaining offices for the practice of law in the State of New York, County of Nassau, located at 1065 Stewart Avenue, Suite 210, Bethpage, New York 11714. 9. Upon information and belief, at all times herein mentioned, Defendant P&S was 38 4 of 253 42 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 11/22/2023 07/06/2018 05/05/2023 04/03/2024 06:28 05:26 04:01 10:33 PM AM INDEX NO. 609083/2018 NYSCEF DOC. NO. 331 1 287 374 RECEIVED NYSCEF: 11/29/2023 07/06/2018 05/05/2023 04/03/2024 retained by Defendant GEICO as legal counsel assigned to represent and defend GACE BRYANT against personal injury claims against her arising from a motor vehicle accident on Action" December 7, 2009 (hereinafter, the "Underlying Action"). 10. Upon information and belief, at all times herein mentioned, Defendant P&S was contractually obligated by Defendant GEICO to competently and ethically represent and defend the interests of GEICO's insured, GACE BRYANT against claims arising from a motor vehicle accident in which she was involved on December 7, 2009. 11. Upon information and belief, at all times herein mentioned, all of Defendant P&S's bills for legal services rendered by said Defendant to GACE BRYANT in connection with the Underlying Action were billed to, and were paid by Defendant GEICO. 12. Upon information and belief, at all times herein mentioned, Defendant GILBERT J. HARDY, ESQ. ("HARDY") was and is an individual residing in the State of New York, County of Suffolk at 18 Algonquin Drive, Huntington Station, New York 11746. 13. Upon information and belief, at all times herein mentioned, Defendant HARDY was and is an employee and/or agent of Defendant P&S, and was charged by P&S with the duty to directly litigate the Underlying Action in defense of GACE BRYANT. 14. Upon information and belief, at all times herein mentioned, Defendant HARDY was charged by Defendant P&S to perform and carry out pre-trial preparations and, ultimately, to advise GACE BRYANT before and during trial of the Underlying Action as her trial counsel. AS AND FOR A FIRST CAUSE OF ACTION AGAINST DEFENDANT GEICO FOR BAD FAITH FAILURE TO SETTLE 15. At all times herein mentioned, Defendant GEICO issued auto insurance policies 5 39 5 of 253 42 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 11/22/2023 07/06/2018 05/05/2023 04/03/2024 06:28 05:26 04:01 10:33 PM AM INDEX NO. 609083/2018 NYSCEF DOC. NO. 331 1 287 374 RECEIVED NYSCEF: 11/29/2023 07/06/2018 05/05/2023 04/03/2024 covering the activities of its insureds in connection with their use and operation of insured motor vehicles within the State of New York, including the Counties of Nassau and Suffolk. 16. At all times herein mentioned, and on or about December 7, 2009, GACE BRYANT was the owner of a 1995 Dodge motor vehicle bearing New York State registration number ECM8929. 17. On or about December 7, 2009, GACE BRYANT was the operator of the aforementioned 1995 Dodge motor vehicle. 18. Upon information and belief, on or before December 7, 2009, Defendant GEICO issued a liability insur