On July 06, 2018 a
Party Discovery
was filed
involving a dispute between
Marc Pergament Esq Trustee
Melissa Gace Bryant, Estate Of,
and
Gilbert J. Hardy Esq,
Government Employees Insurance Company
Geico,
Neil H. Greenberg & Associates, Pc,
Neil H Greenberg Esq.,
Picciano & Scahill, Llp,
for Commercial - Insurance
in the District Court of Nassau County.
Preview
FILED: NASSAU COUNTY CLERK 04/23/2024 12:48 PM INDEX NO. 609083/2018
NYSCEF DOC. NO. 390 RECEIVED NYSCEF: 04/23/2024
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.: 609083/2018
AFFIRMATION IN SUPPORT
Plaintiff, OF MOTION TO ENFORCE
SUBPOENA
-against-
GOVERNMENT EMPLOYEES INSURANCE
COMPANY, (“GEICO”), PICCIANO & SCAHILL, LLP
and GILBERT J. HARDY, ESQ., NEIL H. GREENBERG
& ASSOCIATES, PC, and NEIL H. GREENBERG,
ESQ.,
Defendants.
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GREGORY R. BENNETT, ESQ., being an attorney duly admitted to practice before the
Courts of the State of New York, affirms the following to be true pursuant to CPLR 2106:
1. I am a Partner with the law firm of Traub Lieberman Straus and Shrewsberry, LLP,
attorneys for Defendants Picciano & Scahill, LLP and Gilbert J. Hardy (collectively, the “P&S
Defendants”), and I am fully familiar with the facts and circumstances surrounding this matter.
2. I submit this affirmation in support of the P&S Defendants’ motion for an Order,
pursuant to N.Y. C.P.L.R. §2308(b) and CPLR 3124, to compel the compliance by non-party Craig
Robins, Esq. with the terms of a Subpoena Duces Tecum and Ad Testificandum, dated November
13, 2023 (the “Robins Subpoena”), previously served on him by Defendant Government
Employees Insurance Company (“GEICO”).
3. For the sake of judicial economy, the P&S Defendants adopt into this affirmation
the exhibits and factual recitation set forth in GEICO’s Affirmation in Support of the motion
relating to the Robins Subpoena (NYSCEF Doc. Nos. 372, 373, 374, 375, 376, 377, 378, 379, 380,
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FILED: NASSAU COUNTY CLERK 04/23/2024 12:48 PM INDEX NO. 609083/2018
NYSCEF DOC. NO. 390 RECEIVED NYSCEF: 04/23/2024
381, 382, 383), as well as all of the arguments contained in GEICO’s memorandum of law in
support of its motion to enforce the Robins Subpoena (NYSCEF Doc. No. 385).
WHEREFORE, it is respectfully requested that the Court issue an order enforcing the
Robins Subpoena, together with such other and further relief as may be justice.
Dated: Hawthorne, New York
April 23, 2024
Gregory R. Bennett
Gregory R. Bennett
2
2 of 2
Document Filed Date
April 23, 2024
Case Filing Date
July 06, 2018
Category
Commercial - Insurance
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