Motion-Secondary: Zurich American Insurance Company v. First Specialty Insurance Corporation, Western Beef Retail, Inc., Western Beef Properties, Inc.

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                                SUPREME COURT OF THE STATE OF NEW YORK
                  COUNTRY OF NEW YORK
                  ZURICH AMERICAN INSURANCE COMPANY,                                      Index No. 652336/2018
                                                      Plaintiff,
                                                                                          [PROPOSED] ORDER
                                             -against-

                  FIRST SPECIALTY INSURANCE CORPORATION,
                  WESTERN BEEF RETAIL, INC. and WESTERN BEEF
                  PROPERTIES, INC.,

                                                      Defendants.


                           Upon the affirmation of Michael H. Passman, it is hereby,

                           ORDERED        that  defendant    First Specialty Insurance      Corporation’s     Motion    for an  Order

                  pursuant    to  CPLR     §   2221   modifying      this  Court’s   Order    of  October     31,  2019    is  hereby

                  GRANTED; and it is further

                           ORDERED that the final complete sentence in this Court’s Order of October 31, 2019 is

                  modified to include the italicized words below, as follows:

                           As a result, plaintiff [Zurich American Insurance Company], Serota’s carrier, has
                           established   its entitlement    to the  Brown    Firm   File  Documents      that comprise    the
                           records of joint representation of Serota and defendants Western Beef Retail Inc.
                           and   Western     Beef   Properties,    Inc.  by   the  Brown     Firm   in  Garrett   v.  Serota
                           Roosevelt LLC, et al, Nassau County Supreme Court Index No. 702978/2016, in
                           which, plaintiff, under the policy it issued to Serota, insofar as it alleges that its
                           coverage    incepts   beyond    the  retention   amount    and   coverage    limits  under   First
                           Specialty Insurance Corporation’s policy, was the real party in interest.

                           This is the decision and order of the Court.


                           Dated: __________________                             Enter:

                                                                                          ________________________, J.S.C.