On June 19, 2024 a
Party Notice
was filed
involving a dispute between
Foremost Signature Ins Co,
and
Motor Vehicle Accident Indemnification Corporation
A S O Shardae Andrews,
for Special Proceedings - CPLR Article 75
in the District Court of Nassau County.
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FILED: NASSAU COUNTY CLERK 06/19/2024 10:59 AM INDEX NO. 610828/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/19/2024
SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF NASSAU
FOREMOST SIGNATURE INS CO NOTICE OF
PETITION TO
Petitioner, VACATE
ARBITRATION
-against- FORUMS AWARD
MOTOR VEHICLE ACCIDENT INDEMNIFICATION
CORPORATION A/S/O SHARDAE ANDREWS
Respondents.
PLEASE TAKE NOTICE, that upon the annexed Verified Petition of
FOREMOST SIGNATURE INSURANCE COMPANY dated the 18th day of June 2024, the
undersigned will move this Court at IAS Part Room thereof, at the courthouse located at 100
Supreme Court Drive Mineola, New York, 11501 on the 19th day of July 2024, at 9:30 a.m.
of that day or soon thereafter as counsel can be heard, for an Order:
(a) Vacating the Arbitration Award Docket I240267BF30-C1;
(b) and for such other and further relief that this court deems just, necessary and proper.
PLEASE TAKE FURTHER NOTICE, that pursuant to C.P.L.R. Section 2214(b)
you are required to serve all papers that will be used in opposition to this motion at least
(7) prior to the return date of this motion.
Dated: Garden City, New York
June 18, 2024
Proprietary
1 of 3
FILED: NASSAU COUNTY CLERK 06/19/2024 10:59 AM INDEX NO. 610828/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/19/2024
LAW OFFICES OF ROTHENBERG &
ROMANEK
By: KENNETH F. POPPER, ESQ.
Attorney for Petitioner
Mailing Address
P.O. Box 258829
Oklahoma City OK 73125-8829
Virtual Office by Appointment Only:
200 Garden City Plaza, Suite 400
Garden City NY 11530-9250
(516) 688-1622
Our File No.: 24-681038
TO: Kevin Fitzpatrick
Marschhausen & Fitzpatrick, P.C.
73 Heltz Place
Hicksville, NY 11801
Proprietary
2 of 3
FILED: NASSAU COUNTY CLERK 06/19/2024 10:59 AM INDEX NO. 610828/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/19/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
FOREMOST SIGNATURE INS CO,
Petitioner (s),
- against -
MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION A/S/O SHARDAE ANDREWS
Respondent(s).
PETITION TO VACATE ARBITRATION FORUMS AWARD
LAW OFFICES OF ROTHENBERG & ROMANEK
ATTORNEYS AND COUNSELORS AT LAW
ATTORNEYS FOR PETITIONER- FOREMOST SIGNATURE INS CO
MAILING ADDRESS
P.O. BOX 258829
OKLAHOMA CITY OK 73125-8829
VIRTUAL OFFICE BY APPOINTMENT ONLY:
200 GARDEN CITY PLAZA, SUITE 400
GARDEN CITY NY 11530-9250
(516) 688-1600
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: June 18, 2024
Signature...................................................................
Print Signer’s Name: Kenneth F. Popper, ESQ.
LAW OFFICES OF ROTHENBERG &
ROMANEK
ATTORNEYS FOR RESPONDENT
MAILING ADDRESS
P.O. BOX 258829
OKLAHOMA CITY OK 73125-8829
VIRTUAL OFFICE BY
APPOINTMENT ONLY:
200 GARDEN CITY PLAZA, SUITE
400
GARDEN CITY NY 11530-9250
(516) 688-1600
TO: Kevin Fitzpatrick
Marschhausen & Fitzpatrick, P.C.
73 Heltz Place
Hicksville, NY 11801
Attorneys for Respondent
Proprietary
3 of 3
Document Filed Date
June 19, 2024
Case Filing Date
June 19, 2024
Category
Special Proceedings - CPLR Article 75
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FILED: NASSAU COUNTY CLERK 06/19/2024 10:59 AM INDEX NO. 610828/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/19/2024 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF NASSAU FOREMOST SIGNATURE INS CO NOTICE OF PETITION TO Petitioner, VACATE ARBITRATION -against- FORUMS AWARD MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION A/S/O SHARDAE ANDREWS Respondents. PLEASE TAKE NOTICE, that upon the annexed Verified Petition of FOREMOST SIGNATURE INSURANCE COMPANY dated the 18th day of June 2024, the undersigned will move this Court at IAS Part Room thereof, at the courthouse located at 100 Supreme Court Drive Mineola, New York, 11501 on the 19th day of July 2024, at 9:30 a.m. of that day or soon thereafter as counsel can be heard, for an Order: (a) Vacating the Arbitration Award Docket I240267BF30-C1; (b) and for such other and further relief that this court deems just, necessary and proper. PLEASE TAKE FURTHER NOTICE, that pursuant to C.P.L.R. Section 2214(b) you are required to serve all papers that will be used in opposition to this motion at least (7) prior to the return date of this motion. Dated: Garden City, New York June 18, 2024 Proprietary 1 of 3 FILED: NASSAU COUNTY CLERK 06/19/2024 10:59 AM INDEX NO. 610828/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/19/2024 LAW OFFICES OF ROTHENBERG & ROMANEK By: KENNETH F. POPPER, ESQ. Attorney for Petitioner Mailing Address P.O. Box 258829 Oklahoma City OK 73125-8829 Virtual Office by Appointment Only: 200 Garden City Plaza, Suite 400 Garden City NY 11530-9250 (516) 688-1622 Our File No.: 24-681038 TO: Kevin Fitzpatrick Marschhausen & Fitzpatrick, P.C. 73 Heltz Place Hicksville, NY 11801 Proprietary 2 of 3 FILED: NASSAU COUNTY CLERK 06/19/2024 10:59 AM INDEX NO. 610828/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/19/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU FOREMOST SIGNATURE INS CO, Petitioner (s), - against - MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION A/S/O SHARDAE ANDREWS Respondent(s). PETITION TO VACATE ARBITRATION FORUMS AWARD LAW OFFICES OF ROTHENBERG & ROMANEK ATTORNEYS AND COUNSELORS AT LAW ATTORNEYS FOR PETITIONER- FOREMOST SIGNATURE INS CO MAILING ADDRESS P.O. BOX 258829 OKLAHOMA CITY OK 73125-8829 VIRTUAL OFFICE BY APPOINTMENT ONLY: 200 GARDEN CITY PLAZA, SUITE 400 GARDEN CITY NY 11530-9250 (516) 688-1600 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: June 18, 2024 Signature................................................................... Print Signer’s Name: Kenneth F. Popper, ESQ. LAW OFFICES OF ROTHENBERG & ROMANEK ATTORNEYS FOR RESPONDENT MAILING ADDRESS P.O. BOX 258829 OKLAHOMA CITY OK 73125-8829 VIRTUAL OFFICE BY APPOINTMENT ONLY: 200 GARDEN CITY PLAZA, SUITE 400 GARDEN CITY NY 11530-9250 (516) 688-1600 TO: Kevin Fitzpatrick Marschhausen & Fitzpatrick, P.C. 73 Heltz Place Hicksville, NY 11801 Attorneys for Respondent Proprietary 3 of 3