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FILED: SENECA COUNTY CLERK 10/15/2018 04:40 PM INDEX NO. 20180169
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 10/15/2018
STATE OF NEW YORK
SUPREME COURT COUNTY OF SENECA
In the Matter of the Application of Index No.
RJI No.
NATIONAL GRANGE MUTUAL INSURANCE Hon.
COMPANY,
NOTICE OF PETITION
Petitioner,
-vs-
CHARLES BARBAY III DBA GROUNDS
MAINTENANCE,
Respondent,
j
S -and-
CHARLES P. BARBAY, III,
Respondent,
C
c -and-
NATIONAL GENERAL INSURANCE COMPANY,
Respondent.
PLEASE TAKE NOTICE, that upon the annexed Verified Petition of Steven Miles, Claims
Specialist for National Grange Mutual Insurance Company ("Petitioner"), sworn to on the 11th day of
October, 2018, with exhibits attached thereto; the attorney affidavit of Daniel P. Fletcher, Esq., sworn to
on the 12th day of October, 2018, and the exhibits referenced thereto, an application pursuant to CPLR
7503 will be made at a Term of this Court, to be held at the Seneca County Courthouse, Waterloo, New
York, on the 30th day ofNovember, 2018 at 10:00 a.m., or as directed by this Court, or as soon thereafter
as counsel can be heard for an order and judgment staying the Supplementary Underinsured lviotorist
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FILED: SENECA COUNTY CLERK 10/15/2018 04:40 PM INDEX NO. 20180169
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 10/15/2018
("SUM") Arbitration between the Petitioner and Respondent Charles Barbay, III DBA Grounds
Maintenance, and seeking such other and further relief as may seem just and proper, together with the
costs and disbursements of this proceeding.
PLEASE TAKE FURTHER NOTICE, that a demand is hereby made for the service of an
answer and supporting affidavits, if any, at least seven (7) days before the aforesaid date of hearing since
this notice is served at least twelve (12) days before such time.
Petitioner designates Seneca County as place of trial. The basis of venue is residence of
Respondent Charles P. Barbay, III and the county in which the subject motor vehicle accident occurred.
Petitioner will serve Midey, Mirras & Ricci, counsel for Respondents Charles Barbay III DBA
Grounds Maintenance/Charles P. Barbay, III,with a copy of the Notice of Petition with supporting papers
by Certified Mail, Return Receipt Requested, pursuant to CPLR 7503(c).
Petitioner will serve Respondent National General Insurance Company with a copy of the Notice
of Petition with supporting papers by Certified Mail, Return Receipt Requested, pursuant to CPLR
7503(c), by facsimile, and by electronic correspondence to the National General Insurance Claims
Adjuster on the subject file. National General Insurance Company is a respondent in a SUM Arbitration
noticed by Charles P. Barbay, III, involving the same accident, and which arbitration has been
consolidated with Petitioner's arbitration by the American Arbitration Association. [See Steven Miles
"H"
Petition, sworn to October 11, 2018, Exhibit (American Arbitration Association Notice)]. If this
Court deems this insufficient service of process on National General Insurance Company, Petitioner
respectfully request that Court notify Petitioner's counsel of the same.
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FILED: SENECA COUNTY CLERK 10/15/2018 04:40 PM INDEX NO. 20180169
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 10/15/2018
DATED: October 12, 2018
COSTELLO, COONEY & FEARON, PLLC
ANIEJ .FLETCHER
Attorneys for the Petitioner,
National Grange Mutual Insurance Company
Office and Post Office Address
500 Plum Street, Suite 300
Syracuse, New York 13204-1401
Telephone: (315) 422-1152
TO: STEPHEN R. RICCI, ESQ.
MIDEY, MIRRAS & RICCI
Attorneys for the Respondent,
Charles Barbay, III DBA Grounds Maintenance
Office and Post Office Address
54 Fall Street
P.O. Box 299
Seneca Falls, New York 13148
Telephone: (315) 568-5861
. NATIONAL GENERAL INSURANCE COMPANY
P.O. Box 19000
Jacksonville, Florida 32245-9000
Facsimile: 800-924-0273
Electronic Correspeñdcñce: Robert Gulla, Robert.gulla ngic com (Claim No. 2487718)
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FILED: SENECA COUNTY CLERK 10/15/2018 04:40 PM INDEX NO. 20180169 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 10/15/2018 STATE OF NEW YORK SUPREME COURT COUNTY OF SENECA In the Matter of the Application of Index No. RJI No. NATIONAL GRANGE MUTUAL INSURANCE Hon. COMPANY, NOTICE OF PETITION Petitioner, -vs- CHARLES BARBAY III DBA GROUNDS MAINTENANCE, Respondent, j S -and- CHARLES P. BARBAY, III, Respondent, C c -and- NATIONAL GENERAL INSURANCE COMPANY, Respondent. PLEASE TAKE NOTICE, that upon the annexed Verified Petition of Steven Miles, Claims Specialist for National Grange Mutual Insurance Company ("Petitioner"), sworn to on the 11th day of October, 2018, with exhibits attached thereto; the attorney affidavit of Daniel P. Fletcher, Esq., sworn to on the 12th day of October, 2018, and the exhibits referenced thereto, an application pursuant to CPLR 7503 will be made at a Term of this Court, to be held at the Seneca County Courthouse, Waterloo, New York, on the 30th day ofNovember, 2018 at 10:00 a.m., or as directed by this Court, or as soon thereafter as counsel can be heard for an order and judgment staying the Supplementary Underinsured lviotorist 1 of 3 FILED: SENECA COUNTY CLERK 10/15/2018 04:40 PM INDEX NO. 20180169 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 10/15/2018 ("SUM") Arbitration between the Petitioner and Respondent Charles Barbay, III DBA Grounds Maintenance, and seeking such other and further relief as may seem just and proper, together with the costs and disbursements of this proceeding. PLEASE TAKE FURTHER NOTICE, that a demand is hereby made for the service of an answer and supporting affidavits, if any, at least seven (7) days before the aforesaid date of hearing since this notice is served at least twelve (12) days before such time. Petitioner designates Seneca County as place of trial. The basis of venue is residence of Respondent Charles P. Barbay, III and the county in which the subject motor vehicle accident occurred. Petitioner will serve Midey, Mirras & Ricci, counsel for Respondents Charles Barbay III DBA Grounds Maintenance/Charles P. Barbay, III,with a copy of the Notice of Petition with supporting papers by Certified Mail, Return Receipt Requested, pursuant to CPLR 7503(c). Petitioner will serve Respondent National General Insurance Company with a copy of the Notice of Petition with supporting papers by Certified Mail, Return Receipt Requested, pursuant to CPLR 7503(c), by facsimile, and by electronic correspondence to the National General Insurance Claims Adjuster on the subject file. National General Insurance Company is a respondent in a SUM Arbitration noticed by Charles P. Barbay, III, involving the same accident, and which arbitration has been consolidated with Petitioner's arbitration by the American Arbitration Association. [See Steven Miles "H" Petition, sworn to October 11, 2018, Exhibit (American Arbitration Association Notice)]. If this Court deems this insufficient service of process on National General Insurance Company, Petitioner respectfully request that Court notify Petitioner's counsel of the same. -2- 2 of 3 FILED: SENECA COUNTY CLERK 10/15/2018 04:40 PM INDEX NO. 20180169 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 10/15/2018 DATED: October 12, 2018 COSTELLO, COONEY & FEARON, PLLC ANIEJ .FLETCHER Attorneys for the Petitioner, National Grange Mutual Insurance Company Office and Post Office Address 500 Plum Street, Suite 300 Syracuse, New York 13204-1401 Telephone: (315) 422-1152 TO: STEPHEN R. RICCI, ESQ. MIDEY, MIRRAS & RICCI Attorneys for the Respondent, Charles Barbay, III DBA Grounds Maintenance Office and Post Office Address 54 Fall Street P.O. Box 299 Seneca Falls, New York 13148 Telephone: (315) 568-5861 . NATIONAL GENERAL INSURANCE COMPANY P.O. Box 19000 Jacksonville, Florida 32245-9000 Facsimile: 800-924-0273 Electronic Correspeñdcñce: Robert Gulla, Robert.gulla ngic com (Claim No. 2487718) -3- 3 of 3