On May 24, 2018 a
Motion,Ex Parte
was filed
involving a dispute between
Atlantic Casualty Insurance Company,
and
Eastern Fruit & Vegetables Inc.,
for Commercial - Contract
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 10/04/2019 06:46 PM INDEX NO. 510798/2018
NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 10/04/2019
Supreme Court of the State of New York
COUNTY OF KINGS
-------------------------------X Index No. 510798/2018
Atlantic Casualty Insurance Company, IAS Part: 81
Plaintiff, Hon. Carl Landicino, J.S.C.
against
AFFIRMATION IN OPPOSITION
Eastern Fruit & Vegetables, Inc.,
Defendant.
---------------------------------------X
L. Blake Morris, an attorney licensed to practice law in the State of New York,
affirms pursuant to CPLR Sec. 2106 under the penalty of perjury that:
1. Your affiant is the attorney for the defendant in this instant action.
2. Defendant does not include any exhibits in this opposition, all references and
cites are to Exhibits included in plaintiff's omnibus motion with previous NYSCEF
filings.
3. In plaintiff's "omnibus motion", the first branch moves to strike defendant's
sixth affirmative defense of iñcapacity to maintain this action, and the second branch
moves for reargument of the Court order dated July 2, 2019 entered July 23, 2019. (See
NY St Cts Elec Filing [NYSCEF] Doc. No. 39, Decision and Order on Motion);
(NYSCEF Doc. No. 52, plaintiff's Exhibit 6.)
The defendant's memorandum of law reverses the order of the arguments from
plaintiff's memorandum of law for purposes of clarity and efficiency.
I have carefully reviewed the law and facts of this case and believe that plaintiff's
omnibus motion be denied in itsentirety with prejudice.
1 of 2
FILED: KINGS COUNTY CLERK 10/04/2019 06:46 PM INDEX NO. 510798/2018
NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 10/04/2019
Wherefore, defendant respectfully requests that this Court both branches of
deny
the plaintiff's omnibus motion.
Dated: Brooklyn, New York
October 4, 2019
L. Blake Morris, Esq.
Attorney for Defendant
1214 Cortelyou Rd.
Brooklyn, NY 11218-5404
(718) 826-8401
2 of 2
Document Filed Date
October 04, 2019
Case Filing Date
May 24, 2018
Category
Commercial - Contract
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FILED: KINGS COUNTY CLERK 10/04/2019 06:46 PM INDEX NO. 510798/2018 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 10/04/2019 Supreme Court of the State of New York COUNTY OF KINGS -------------------------------X Index No. 510798/2018 Atlantic Casualty Insurance Company, IAS Part: 81 Plaintiff, Hon. Carl Landicino, J.S.C. against AFFIRMATION IN OPPOSITION Eastern Fruit & Vegetables, Inc., Defendant. ---------------------------------------X L. Blake Morris, an attorney licensed to practice law in the State of New York, affirms pursuant to CPLR Sec. 2106 under the penalty of perjury that: 1. Your affiant is the attorney for the defendant in this instant action. 2. Defendant does not include any exhibits in this opposition, all references and cites are to Exhibits included in plaintiff's omnibus motion with previous NYSCEF filings. 3. In plaintiff's "omnibus motion", the first branch moves to strike defendant's sixth affirmative defense of iñcapacity to maintain this action, and the second branch moves for reargument of the Court order dated July 2, 2019 entered July 23, 2019. (See NY St Cts Elec Filing [NYSCEF] Doc. No. 39, Decision and Order on Motion); (NYSCEF Doc. No. 52, plaintiff's Exhibit 6.) The defendant's memorandum of law reverses the order of the arguments from plaintiff's memorandum of law for purposes of clarity and efficiency. I have carefully reviewed the law and facts of this case and believe that plaintiff's omnibus motion be denied in itsentirety with prejudice. 1 of 2 FILED: KINGS COUNTY CLERK 10/04/2019 06:46 PM INDEX NO. 510798/2018 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 10/04/2019 Wherefore, defendant respectfully requests that this Court both branches of deny the plaintiff's omnibus motion. Dated: Brooklyn, New York October 4, 2019 L. Blake Morris, Esq. Attorney for Defendant 1214 Cortelyou Rd. Brooklyn, NY 11218-5404 (718) 826-8401 2 of 2