On May 24, 2018 a
Stipulation,Agreement
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
INDEX NO. 510798/2018
NYSCEF BOC. NO. 80 RECEIVED NYSCEF: 01/30/2020
oo CJu/
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
ATLANTIC CASAULTY INSURANCE
COMPANY, é
Index Ng 410798/2018
Plaintiff, X Y
v. STIPHL: EG /: 2]!
OO) fo)?
EASTERN FRUIT & VEGETABLES INC/ Z
Defendant.
WHEREAS, Plaintiff Atlantic Casualty Insurance Company filed a motion (motion
sequence 3);
WHEREAS, the Court scheduled the matter for oral argument on October 23, 2019;
WHEREAS, the parties appeared for argument on October 23, 2019;
WHEREAS the Court advised that, since this was the first time on, the motion would be
adjourned;
WHEREAS, the Court advised that the earliest adjourn date was December 4, 2019;
WHEREAS, we asked that the Court provide an earlier date if possible, but were advised
this would not be possible;
WHEREAS, the parties were of the understanding that the motion was adjourned to
December 4, 2019;
WHEREAS, the matter was then scheduled for an appearance on October 30, 2019 in order
to determine whether an earlier argument date should be provided;
WHEREAS, neither Plaintiff nor Defendant were aware of the October 30, 2019
appearance date;
WHEREAS, the matter was “marked off” on October 30, 2019 as a result;
1 of 2INDEX NO. 510798/2018
RECEIVED NYSCEF: 01/30/2020
WHEREAS, the parties believe it was an error for the motion to have been “marked off”
and agree that the motion should be restored;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED that Atlantic
Casualty’s motion (motion sequence 3) should be restored to the Court’s motion calendar for
on eine B, ZaOLO
Ly oral argument on FS c
KEIDEL, WELDON & CUNNINGHAM, LLP
Attorneys for Plainti
L. BLAKE MORRIS, ESQ.
Attorney for GLA fc A
7 By: L. Blake Morris, Esq.
Avenue, Suite 400 1214 Cortelyou Rd.
“White Plains, New York 10604 Brooklyn, New York 11218-5404
(914) 948-7000 (718) 826-8401
r
avd
wH3at9 Munoo SON! we
g HY LZ NT OLN.
61
2 of 2
Document Filed Date
January 27, 2020
Case Filing Date
May 24, 2018
Category
Commercial - Contract
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Preview
INDEX NO. 510798/2018 NYSCEF BOC. NO. 80 RECEIVED NYSCEF: 01/30/2020 oo CJu/ SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ATLANTIC CASAULTY INSURANCE COMPANY, é Index Ng 410798/2018 Plaintiff, X Y v. STIPHL: EG /: 2]! OO) fo)? EASTERN FRUIT & VEGETABLES INC/ Z Defendant. WHEREAS, Plaintiff Atlantic Casualty Insurance Company filed a motion (motion sequence 3); WHEREAS, the Court scheduled the matter for oral argument on October 23, 2019; WHEREAS, the parties appeared for argument on October 23, 2019; WHEREAS the Court advised that, since this was the first time on, the motion would be adjourned; WHEREAS, the Court advised that the earliest adjourn date was December 4, 2019; WHEREAS, we asked that the Court provide an earlier date if possible, but were advised this would not be possible; WHEREAS, the parties were of the understanding that the motion was adjourned to December 4, 2019; WHEREAS, the matter was then scheduled for an appearance on October 30, 2019 in order to determine whether an earlier argument date should be provided; WHEREAS, neither Plaintiff nor Defendant were aware of the October 30, 2019 appearance date; WHEREAS, the matter was “marked off” on October 30, 2019 as a result; 1 of 2INDEX NO. 510798/2018 RECEIVED NYSCEF: 01/30/2020 WHEREAS, the parties believe it was an error for the motion to have been “marked off” and agree that the motion should be restored; NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED that Atlantic Casualty’s motion (motion sequence 3) should be restored to the Court’s motion calendar for on eine B, ZaOLO Ly oral argument on FS c KEIDEL, WELDON & CUNNINGHAM, LLP Attorneys for Plainti L. BLAKE MORRIS, ESQ. Attorney for GLA fc A 7 By: L. Blake Morris, Esq. Avenue, Suite 400 1214 Cortelyou Rd. “White Plains, New York 10604 Brooklyn, New York 11218-5404 (914) 948-7000 (718) 826-8401 r avd wH3at9 Munoo SON! we g HY LZ NT OLN. 61 2 of 2