Preview
FILED: NEW YORK COUNTY CLERK 05/04/2020 09:30 PM INDEX NO. 652336/2018
NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 05/05/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-----------------------------------------------------------------------X
ZURICH AMERICAN INSURANCE COMPANY, :
Plaintiff, : Index No. 652336/2018
-against- :
NOTICE OF APPEAL
FIRST SPECIALTY INSURANCE CORPORATION, :
WESTERN BEEF RETAIL, INC. and WESTERN
BEEF PROPERTIES, INC., :
Defendants. :
-----------------------------------------------------------------------X
PLEASE TAKE NOTICE that Defendants Western Beef Retail, Inc. and Western Beef
Properties, Inc. (together, “Western Beef”) hereby appeal to the Appellate Division of the Supreme
Court of the State of New York, in and for the First Judicial Department, from the annexed
Decision and Order of the Supreme Court, New York County (James, J.), dated March 5, 2020,
and entered March 6, 2020, to the extent that such Decision and Order improperly held that
Western Beef or Defendant First Specialty Insurance Corporation must produce documents within
their own files that were protected by the attorney-client privilege, privilege covering documents
made in anticipation of litigation, or any other privilege or protection from disclosure.
Dated: Brooklyn, New York
May 4, 2020
ABRAMS, FENSTERMAN,
FENSTERMAN, EISMAN,
FORMATO, FERRARA, WOLF
& CARONE, LLP
/s/ Justin T. Kelton
Justin T. Kelton
1 MetroTech Center, Suite 1701
Brooklyn, NY 11201
Tel: (718) 215-5300
Fax: (718) 215-5304
Attorneys for Defendants Western
Beef Retail, Inc. and Western Beef
Properties, Inc.
TO: All Counsel of Record (via NYSCEF)
1
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NYSCEF DOC. NO. 92
87 RECEIVED NYSCEF: 05/05/2020
03/11/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
- ————-- —- —-- ——
———â—
€” —- ———- ——X
ZURICH AMERICAN INSURANCE COMPANY Index No.: 652336/2018
Plaintiff, ORDER WITH
-against- NOTICE OF ENTRY
FIRST SPECIALTY INSURANCE CORPORATION,
W'STERN BEEF RETAIL, INC. and WESTERN BEEF
PROPERTIES, INC.
Defendant.
- ———--- —————————————" —————x
PLEASE TAKE NOTICE, that the annexed Order, of which the within is a true copy, was
duly entered in the Office of the Clerk of the within named Court on March 6, 2020.
Dated: Garden City, New York
March 11, 2020
Yours etc.,
VIGORITO, BARKER, PATTERSON,
NICHOLS & PORTER, LLP
EIRMÃ~
GREGG D. WEINSTOCK
Attorneys for Defendant
FIRST SPECIALTY INSURANCE
CORPORATION
300 Garden City Plaza, Suite 308
Garden City, New York 11530
(516) 282-3355
TO:
COUGHLIN DUFFY, LLP
Attorneys for Plaintiff
28'"
88 Pine Street, Floor
New York, New York 10005
(212) 612-4989
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NYSCEF DOC. NO. 92
87 RECEIVED NYSCEF: 05/05/2020
03/11/2020
ABRAMS, FENSTERMAN, FENSTERMAN, EISMAN,
FORMATO, FERRARA, WOLF & CARONE, LLP
Attorneys for Defendants
WESTERN BEEF RETAIL, INC. and WESTERN BEEF PROPERTIES, INC.
1 MetroTech Center, Suite 1701
Brooklyn, New York 11201
(718) 215-5300
BATES CAREY LLP
Attorneys for Defendant
FIRST SPECIALTY INSURANCE CORP
191 N. Wacker, Suite 2400
Chicago, IL 60606
(312) 762-3100
ROBERT E. BROWN, P.C.
Non-Party to this Action
465 Belfield Avenue, Suite F
Staten Island, New York 10312
(718) 979-9779
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NYSCEF DOC. 74 RECEIVED NYSCEF: 03/06/2020
NYSCEF DOC. NO. 92
87 RECEIVED NYSCEF: 05/05/2020
03/11/2020
SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
PRESENT: HON. DEBRA A. JAMES PART IAS MOBONA9EFM
Justice
----------------- ------------------------------X INDEX NO. 652336/2018
ZURICH AMERICAN INSURANCE COMPANY, _ .._
MOTION DATE 1uuwzu19
Plaintiff,
MOTION SEQ. NO. 004
- v -
FIRST SPECIALTY INSURANCE CORPORATION,
WESTERN BEEF RETAIL, INC., and WESTERN BEEF DECISION + ORDER ON
PROPERTIES, INC., MOTION
Defendants.
----------- -------------------------------X
The fal:0wing e-filed documents, listed by NYSCEF document number (Motion 003) 57, 58, 59, 61, 62,
63, 64, 65
were read on this motion for DISCOVERY .
Defendant FIRST SPECIALTY INSURANCE CORPORATION's motion to
modify the Order dated October 31, 2019 granting plaintiff's
Motion to Compel the Production of Documents from non-party
Robert E. Brown, P.C. (motion sequence 03) is granted without
opposition. That Order is accordingly modified as follows.
ORDER
Upon the foregoing documents, it is
ORDERED that the motion of plaintiff Zurich American
Insurance Company to renew its motion to compel Non-Party Robert
E. Brown, P.C. (the "Brown Firm") to provide a complete response
to Zurich's Brown Firm File Documents Subpoena Request pursuant to
CPLR 2221(e) is granted; and it is further
662336/2018 ZURICH AMERICAN INSURANCE vs. FIRST SPECIALTY INSURANCE
Motion No. 003 Pa 9® 1 of 2
1 of 2
. .
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NYSCEF DOC. 74 RECEIVED NYSCEF: 03/06/2020
NYSCEF DOC. NO. 92
87 RECEIVED NYSCEF: 05/05/2020
03/11/2020
ORDERED that Non-Party Robert E. Brown, P.C. shall produce
the Brown Firm File Documents within 20 days from service,
including upon Non-Party Robert E. Brown, P.C. by overnight
courier, of a copy of this order, with notice of entry.
DECISION
Serota Roosevelt, LLC ("Serota") has now executed a written
waiver of its rights to attorney-client confidentiality in
connection with its representation by the Brown Firm and provided
such waiver to plaintiff, its insurance carrier. As a result,
plaintiff, Serota's carrier, has established its entitlement to
the Brown Firm File Documents that comprise the records of the
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 Zurich alleges that Zurich's coverage incepts
beyond the retention amount and coverage limits under First
Specialty Insurance Corporation's policy, was the real in
party
interest. See Shaya B. Pacific, LLC v Wilson, Elser, Moskowitz,
Edelman & Dicker, LLC, 38 AD3d 34, 42-43 (2d Dept. 2006).
MAR 05 2020
DATE DEBRA A. JAMES, J.S.C.
CHECK ONE: CASE DISPOSED X NON-FlNAL DISPOSITION
GRANTED DENIED GRANTED IN PART OTHER
APPLICATION: SETTLE ORDER SUBMIT ORDER
662336/2018 ZURICH AMERICAN INSURANCE vs. FIRST SPECIALTY INSURANCE Page 2 of 2
MotionNo. 003
2 of 2
...........
... . . .
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NYSCEF DOC. NO. 92
87 RECEIVED NYSCEF: 05/05/2020
03/11/2020
AFFIDAVIT OF SERVICE
STATE OF NEW YORK )
) s.s.:
COUNTY OF NASSAU )
JANET KATNO, being duly sworn, deposes and says:
I am not a party to the within action, am over 18 years of age and reside in Nassau County,
New York.
On March 11, 2020, deponent served the within ORDER WITH NOTICE OF ENTRY
upon the following party by electronically filing through New York State Courts Efiling System
(NYSCEF).
TO:
COUGHLIN DUFFY, LLP ABRAMS, FENSTERMAN, FENSTERMAN,
Attorneys for Plaintiff EISMAN,
2882
88 Pine Street, Floor FORMATO, FERRARA, WOLF & CARONE,
New York, New York 10005 LLP
(212) 612-4989 Attorneys for Defendants
WESTERN BEEF RETAIL, INC. and
BATES CAREY LLP WESTERN BEEF PROPERTIES, INC.
Attorneys for Defendant 1 MetroTech Center, Suite 1701
FIRST SPECIALTY INSURANCE CORP Brooklyn, New York 11201
191 N. Wacker, Suite 2400 (718) 215-5300
Chicago, IL 60606
(312) 762-3100 VIA FED EX (OVERNIGHT)
ROBERT E. BROWN, P.C.
Non-Party to this Action
465 Belfield Avenue, Suite F
Staten Island, New York 10312
(718) 979-9779
JA WO
0 o before1ne this
a ofM 020
N gy P B C
WERNER
NANCY D.
YORK
STATE OF NEW
NOTARY PUBUC,
01WE5056671
NO.
Nassau County
in 2022--
Q ualified March 11,
Commission Expirea
65 of
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FILED: NEW YORK COUNTY CLERK 05/04/2020
03/11/2020 09:30
12:16 PM INDEX NO. 652336/2018
NYSCEF DOC. NO. 92
87 RECEIVED NYSCEF: 05/05/2020
03/11/2020
o -
. mmomm 56BJ2/64EO/FE4A
.. . e
After printing this label:
'Print'
1. Use the button on this page to print your label to your laser or inkjet printer.
2. Fold the printed page along the horizontal line.
3. Place label in shippirig pouch and affix it to your shipment so that the barcade portion of the label can be read and scanned.
Warning: Use only the printed original label for shipping. Using a photocopy of this label for shipping purposes is freedulent and could result in
additional billing charges, along with the cancellation of your FedEx account number.
Use of this system cGastitutsa your agreement to the service cGaditicas in the current FedEx Service Guide, eveilable on fedex.com.FedEx will not
be responsible for any claim in excess of $100 per package, whether the result of loss, damage, delay, non-delivery,misdê||vêry,or misinfñmWion, e
unless you declare a higher value, pay an additional charge,deemnent your actual loss and file a timely claim.Limitations found in the current FedEx
Service Guide apply. Your right to recover from FedEx for any loss, including intrinsic value of the package, loss of sales, income interest, profit,
attorney's fees, costs, and other forms of damage whether direct, incidental,consequential, or special is limited to the greater of $100 or the
authorized declared value. Recovery cannot exceed actual documented loss.Madmüm for items of extraordinary value is $1,000, e.g. jewelry,
precious metals, negetâN6 ir.ctramcr.ts and other items listed in our Ser'AceGuide. Written claims must be filed within strict time limits, see current
FedEx Service Guide.
https://www.fedex.com/shipping/shipAction.handle?method=doContinue 1/1
76 of
of 12
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FILED: NEW YORK COUNTY CLERK 05/04/2020
03/11/2020 09:30
12:16 PM INDEX NO. 652336/2018
NYSCEF DOC. NO. 92
87 RECEIVED NYSCEF: 05/05/2020
03/11/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK INDEX NO.: 652336/2018
ZURICH AMERICAN INSURANCE COMPANY
Plaintiff,
-against-
FIRST SPECIALTY INSURANCE CORPORATION,
WESTERN BEEF RETAIL, INC. and WESTERN BEEF
PROPERTIES, INC.
Defendants.
ORDER WITH NOTICE OF ENTRY
VIGORITO, BARKER, PATTERSON, NICHOLS & PORTER, LLP
Attorneys for Defendant
FIRST SPECIALTY INSURANCE CORPORATION
300 Garden City Plaza, Suite 308
Garden City, New York 11530
Tel.: (516) 282-3355
VBPP File No.: 0115-002
TO: ALL PARTIES
87 of
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FILED: NEW YORK COUNTY CLERK 05/04/2020 09:30 PM INDEX NO. 652336/2018
NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 05/05/2020
§upreme (fourt of flie 9tate of New Worlt
Appellate Binision: First 3Jubitig[ Bepartment
Informational Statement (Pursuant to 22 NYCRR 1250.3 [a])
Case Title:
show cause by which
Set forth the title
the matter
of the case as it appears
was or is to be commenced,
on the -
or as amended.
notice of petition or order to For Court of Original Instance
First Specialty Insurance Corporation, Western Beef Retail, Inc., and
Western Beef Properties, Inc.
Date Notice of Appeal Filed
- against -
First Specialty Insurance Corporation, Western Beef Retail, Inc., and
Western Beef Properties, Inc.
Case Type Filing Type
Civil Action CPLR article 78 Precéédliig M Appeal Transferred Proceeding
O CPLR article 75 Arbitration Special Other O Original Proceedhgs U CPLR article 78
Preccedkg
U CPLR article 78 U Executive Law § 298
Habeas Corpus Proceeding
Eminent Domain O CPLR 5704 Review
Labor Law § 220 or § 220-b
Public Officers Law § 36
Real Property Tax Law § 1278
Nature of Suit: Check up to three of the following categories which best reflect the nature of the case.
O Administrative Review O Business Relationships M Commercial O Contracts
E Declaratory Judgment O Domestic Relations O Election Law O Estate Matters
O Family Court O Mortgage Foreclosure O Miscellaneous O Prisoner Discipline & Parole
O Real Property O Statutory O Taxation O Torts
(other than foreclosure)
COUN S E L P R E S S
800-4-APPEAL
34™ 4™
460 WEST STREET, FLOOR, NEW YORK, NEW YORK, 10001
WWW.COUNSELPRESS.COM
9 of 12
FILED: NEW YORK COUNTY CLERK 05/04/2020 09:30 PM INDEX NO. 652336/2018
NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 05/05/2020
Appeal
Paper Appea|êd From (Check one only): If an appeal has been taken from more than one order or
judgment by the filing of this notice of appeal, please
indicate the below information for each such order or
judgment appealed from on a separate sheet of paper.
O Amended Decree O Determination O Order O Resettled Order
O Amended Judgement O Finding O Order & Judgment O Ruling
O Amended Order O Interlocutory Decree O Partial Decree O Other (specify):
M Decision O Interlocutory Judgment O Resettled Decree
O Decree O Judgment O Rasattled Judgment
Court: cupr::: court County: New York
Dated: March 5, 2020 Entered: March 6, 2020
Judge (name in full): Hon. Debra A. James Index No.: 652336/2018
Stage: E Interlocutory O Final O Post-Final Trial: O Yes O No If Yes: O Jury O Non-Jury
Prior Unperfected Appeal and Related Action or Próceeding Information
Are any appeals arising in the same action or proceeding currently pending in the court? U Yes No
If Yes, please set forth the Appe!!ate Division Case Number assigned to each such appeal.
Where appropriate, indicate whether there is any related action or próceeding now in any court of this or any other
jurisdiction, and if so, the status of the case:
Original Proceeding
Conuncn ed by: O Order to Show Cause O Notice of Petition O Writ of Habeas Corpus | Date Filed:
Statute autheriziiig conuncnoement of proceeding in the Appe!!ate Division:
Proceeding Transferred Pursuant to CPLR 7804(g)
Court: | County:
Judge (name in full): | Order of Transfer Date:
CPLR 5704 Review of Ex Parte Order:
Court: | County:
Judge (name in full): | Dated:
Description of Appeal, Proceeding or Application and Statement of Issues
Description: If an appeal, briefly describe the paper appealed from. If the appeal is from an order, specify the relief
requested and whether the motion was granted or denied. If an original próceeding commenced in this court or transferred
pursuant to CPLR 7804(g), briefly describe the object of proceeding. If an application under CPLR 5704, briefly describe the
nature of the ex parte order to be reviewed.
This appeal is from a Decision and Order granting a motion which, in part, compelled discovery from a
third-party law firm that was formerly counsel for Appellants.
C OUN S E L P R E S S
800-4-APPEAL
Preview
FILED: NEW YORK COUNTY CLERK 05/04/2020 09:30 PM INDEX NO. 652336/2018 NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 05/05/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------------------------X ZURICH AMERICAN INSURANCE COMPANY, : Plaintiff, : Index No. 652336/2018 -against- : NOTICE OF APPEAL FIRST SPECIALTY INSURANCE CORPORATION, : WESTERN BEEF RETAIL, INC. and WESTERN BEEF PROPERTIES, INC., : Defendants. : -----------------------------------------------------------------------X PLEASE TAKE NOTICE that Defendants Western Beef Retail, Inc. and Western Beef Properties, Inc. (together, “Western Beef”) hereby appeal to the Appellate Division of the Supreme Court of the State of New York, in and for the First Judicial Department, from the annexed Decision and Order of the Supreme Court, New York County (James, J.), dated March 5, 2020, and entered March 6, 2020, to the extent that such Decision and Order improperly held that Western Beef or Defendant First Specialty Insurance Corporation must produce documents within their own files that were protected by the attorney-client privilege, privilege covering documents made in anticipation of litigation, or any other privilege or protection from disclosure. Dated: Brooklyn, New York May 4, 2020 ABRAMS, FENSTERMAN, FENSTERMAN, EISMAN, FORMATO, FERRARA, WOLF & CARONE, LLP /s/ Justin T. Kelton Justin T. Kelton 1 MetroTech Center, Suite 1701 Brooklyn, NY 11201 Tel: (718) 215-5300 Fax: (718) 215-5304 Attorneys for Defendants Western Beef Retail, Inc. and Western Beef Properties, Inc. TO: All Counsel of Record (via NYSCEF) 1 1 of 12 FILED: NEW YORK COUNTY CLERK 05/04/2020 03/11/2020 09:30 12:16 PM INDEX NO. 652336/2018 NYSCEF DOC. NO. 92 87 RECEIVED NYSCEF: 05/05/2020 03/11/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK - ————-- —- —-- —— ———â— €” —- ———- ——X ZURICH AMERICAN INSURANCE COMPANY Index No.: 652336/2018 Plaintiff, ORDER WITH -against- NOTICE OF ENTRY FIRST SPECIALTY INSURANCE CORPORATION, W'STERN BEEF RETAIL, INC. and WESTERN BEEF PROPERTIES, INC. Defendant. - ———--- —————————————" —————x PLEASE TAKE NOTICE, that the annexed Order, of which the within is a true copy, was duly entered in the Office of the Clerk of the within named Court on March 6, 2020. Dated: Garden City, New York March 11, 2020 Yours etc., VIGORITO, BARKER, PATTERSON, NICHOLS & PORTER, LLP EIRMÃ~ GREGG D. WEINSTOCK Attorneys for Defendant FIRST SPECIALTY INSURANCE CORPORATION 300 Garden City Plaza, Suite 308 Garden City, New York 11530 (516) 282-3355 TO: COUGHLIN DUFFY, LLP Attorneys for Plaintiff 28'" 88 Pine Street, Floor New York, New York 10005 (212) 612-4989 21 of of 12 7 FILED: NEW YORK COUNTY CLERK 05/04/2020 03/11/2020 09:30 12:16 PM INDEX NO. 652336/2018 NYSCEF DOC. NO. 92 87 RECEIVED NYSCEF: 05/05/2020 03/11/2020 ABRAMS, FENSTERMAN, FENSTERMAN, EISMAN, FORMATO, FERRARA, WOLF & CARONE, LLP Attorneys for Defendants WESTERN BEEF RETAIL, INC. and WESTERN BEEF PROPERTIES, INC. 1 MetroTech Center, Suite 1701 Brooklyn, New York 11201 (718) 215-5300 BATES CAREY LLP Attorneys for Defendant FIRST SPECIALTY INSURANCE CORP 191 N. Wacker, Suite 2400 Chicago, IL 60606 (312) 762-3100 ROBERT E. BROWN, P.C. Non-Party to this Action 465 Belfield Avenue, Suite F Staten Island, New York 10312 (718) 979-9779 32 of of 12 7 FILED: NEWNO.YORK COUNTY CLERK 05/04/2020 03/11/2020 09:30 12:16 PM INDEX NO. 652336/2018 NYSCEF DOC. 74 RECEIVED NYSCEF: 03/06/2020 NYSCEF DOC. NO. 92 87 RECEIVED NYSCEF: 05/05/2020 03/11/2020 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. DEBRA A. JAMES PART IAS MOBONA9EFM Justice ----------------- ------------------------------X INDEX NO. 652336/2018 ZURICH AMERICAN INSURANCE COMPANY, _ .._ MOTION DATE 1uuwzu19 Plaintiff, MOTION SEQ. NO. 004 - v - FIRST SPECIALTY INSURANCE CORPORATION, WESTERN BEEF RETAIL, INC., and WESTERN BEEF DECISION + ORDER ON PROPERTIES, INC., MOTION Defendants. ----------- -------------------------------X The fal:0wing e-filed documents, listed by NYSCEF document number (Motion 003) 57, 58, 59, 61, 62, 63, 64, 65 were read on this motion for DISCOVERY . Defendant FIRST SPECIALTY INSURANCE CORPORATION's motion to modify the Order dated October 31, 2019 granting plaintiff's Motion to Compel the Production of Documents from non-party Robert E. Brown, P.C. (motion sequence 03) is granted without opposition. That Order is accordingly modified as follows. ORDER Upon the foregoing documents, it is ORDERED that the motion of plaintiff Zurich American Insurance Company to renew its motion to compel Non-Party Robert E. Brown, P.C. (the "Brown Firm") to provide a complete response to Zurich's Brown Firm File Documents Subpoena Request pursuant to CPLR 2221(e) is granted; and it is further 662336/2018 ZURICH AMERICAN INSURANCE vs. FIRST SPECIALTY INSURANCE Motion No. 003 Pa 9® 1 of 2 1 of 2 . . 43 of of 12 7 FILED: NEWNO.YORK COUNTY CLERK 05/04/2020 03/11/2020 09:30 12:16 PM INDEX NO. 652336/2018 NYSCEF DOC. 74 RECEIVED NYSCEF: 03/06/2020 NYSCEF DOC. NO. 92 87 RECEIVED NYSCEF: 05/05/2020 03/11/2020 ORDERED that Non-Party Robert E. Brown, P.C. shall produce the Brown Firm File Documents within 20 days from service, including upon Non-Party Robert E. Brown, P.C. by overnight courier, of a copy of this order, with notice of entry. DECISION Serota Roosevelt, LLC ("Serota") has now executed a written waiver of its rights to attorney-client confidentiality in connection with its representation by the Brown Firm and provided such waiver to plaintiff, its insurance carrier. As a result, plaintiff, Serota's carrier, has established its entitlement to the Brown Firm File Documents that comprise the records of the 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 Zurich alleges that Zurich's coverage incepts beyond the retention amount and coverage limits under First Specialty Insurance Corporation's policy, was the real in party interest. See Shaya B. Pacific, LLC v Wilson, Elser, Moskowitz, Edelman & Dicker, LLC, 38 AD3d 34, 42-43 (2d Dept. 2006). MAR 05 2020 DATE DEBRA A. JAMES, J.S.C. CHECK ONE: CASE DISPOSED X NON-FlNAL DISPOSITION GRANTED DENIED GRANTED IN PART OTHER APPLICATION: SETTLE ORDER SUBMIT ORDER 662336/2018 ZURICH AMERICAN INSURANCE vs. FIRST SPECIALTY INSURANCE Page 2 of 2 MotionNo. 003 2 of 2 ........... ... . . . 54 of of 12 7 FILED: NEW YORK COUNTY CLERK 05/04/2020 03/11/2020 09:30 12:16 PM INDEX NO. 652336/2018 NYSCEF DOC. NO. 92 87 RECEIVED NYSCEF: 05/05/2020 03/11/2020 AFFIDAVIT OF SERVICE STATE OF NEW YORK ) ) s.s.: COUNTY OF NASSAU ) JANET KATNO, being duly sworn, deposes and says: I am not a party to the within action, am over 18 years of age and reside in Nassau County, New York. On March 11, 2020, deponent served the within ORDER WITH NOTICE OF ENTRY upon the following party by electronically filing through New York State Courts Efiling System (NYSCEF). TO: COUGHLIN DUFFY, LLP ABRAMS, FENSTERMAN, FENSTERMAN, Attorneys for Plaintiff EISMAN, 2882 88 Pine Street, Floor FORMATO, FERRARA, WOLF & CARONE, New York, New York 10005 LLP (212) 612-4989 Attorneys for Defendants WESTERN BEEF RETAIL, INC. and BATES CAREY LLP WESTERN BEEF PROPERTIES, INC. Attorneys for Defendant 1 MetroTech Center, Suite 1701 FIRST SPECIALTY INSURANCE CORP Brooklyn, New York 11201 191 N. Wacker, Suite 2400 (718) 215-5300 Chicago, IL 60606 (312) 762-3100 VIA FED EX (OVERNIGHT) ROBERT E. BROWN, P.C. Non-Party to this Action 465 Belfield Avenue, Suite F Staten Island, New York 10312 (718) 979-9779 JA WO 0 o before1ne this a ofM 020 N gy P B C WERNER NANCY D. YORK STATE OF NEW NOTARY PUBUC, 01WE5056671 NO. Nassau County in 2022-- Q ualified March 11, Commission Expirea 65 of of 12 7 FILED: NEW YORK COUNTY CLERK 05/04/2020 03/11/2020 09:30 12:16 PM INDEX NO. 652336/2018 NYSCEF DOC. NO. 92 87 RECEIVED NYSCEF: 05/05/2020 03/11/2020 o - . mmomm 56BJ2/64EO/FE4A .. . e After printing this label: 'Print' 1. Use the button on this page to print your label to your laser or inkjet printer. 2. Fold the printed page along the horizontal line. 3. Place label in shippirig pouch and affix it to your shipment so that the barcade portion of the label can be read and scanned. Warning: Use only the printed original label for shipping. Using a photocopy of this label for shipping purposes is freedulent and could result in additional billing charges, along with the cancellation of your FedEx account number. Use of this system cGastitutsa your agreement to the service cGaditicas in the current FedEx Service Guide, eveilable on fedex.com.FedEx will not be responsible for any claim in excess of $100 per package, whether the result of loss, damage, delay, non-delivery,misdê||vêry,or misinfñmWion, e unless you declare a higher value, pay an additional charge,deemnent your actual loss and file a timely claim.Limitations found in the current FedEx Service Guide apply. Your right to recover from FedEx for any loss, including intrinsic value of the package, loss of sales, income interest, profit, attorney's fees, costs, and other forms of damage whether direct, incidental,consequential, or special is limited to the greater of $100 or the authorized declared value. Recovery cannot exceed actual documented loss.Madmüm for items of extraordinary value is $1,000, e.g. jewelry, precious metals, negetâN6 ir.ctramcr.ts and other items listed in our Ser'AceGuide. Written claims must be filed within strict time limits, see current FedEx Service Guide. https://www.fedex.com/shipping/shipAction.handle?method=doContinue 1/1 76 of of 12 7 FILED: NEW YORK COUNTY CLERK 05/04/2020 03/11/2020 09:30 12:16 PM INDEX NO. 652336/2018 NYSCEF DOC. NO. 92 87 RECEIVED NYSCEF: 05/05/2020 03/11/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK INDEX NO.: 652336/2018 ZURICH AMERICAN INSURANCE COMPANY Plaintiff, -against- FIRST SPECIALTY INSURANCE CORPORATION, WESTERN BEEF RETAIL, INC. and WESTERN BEEF PROPERTIES, INC. Defendants. ORDER WITH NOTICE OF ENTRY VIGORITO, BARKER, PATTERSON, NICHOLS & PORTER, LLP Attorneys for Defendant FIRST SPECIALTY INSURANCE CORPORATION 300 Garden City Plaza, Suite 308 Garden City, New York 11530 Tel.: (516) 282-3355 VBPP File No.: 0115-002 TO: ALL PARTIES 87 of of 12 7 FILED: NEW YORK COUNTY CLERK 05/04/2020 09:30 PM INDEX NO. 652336/2018 NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 05/05/2020 §upreme (fourt of flie 9tate of New Worlt Appellate Binision: First 3Jubitig[ Bepartment Informational Statement (Pursuant to 22 NYCRR 1250.3 [a]) Case Title: show cause by which Set forth the title the matter of the case as it appears was or is to be commenced, on the - or as amended. notice of petition or order to For Court of Original Instance First Specialty Insurance Corporation, Western Beef Retail, Inc., and Western Beef Properties, Inc. Date Notice of Appeal Filed - against - First Specialty Insurance Corporation, Western Beef Retail, Inc., and Western Beef Properties, Inc. Case Type Filing Type Civil Action CPLR article 78 Precéédliig M Appeal Transferred Proceeding O CPLR article 75 Arbitration Special Other O Original Proceedhgs U CPLR article 78 Preccedkg U CPLR article 78 U Executive Law § 298 Habeas Corpus Proceeding Eminent Domain O CPLR 5704 Review Labor Law § 220 or § 220-b Public Officers Law § 36 Real Property Tax Law § 1278 Nature of Suit: Check up to three of the following categories which best reflect the nature of the case. O Administrative Review O Business Relationships M Commercial O Contracts E Declaratory Judgment O Domestic Relations O Election Law O Estate Matters O Family Court O Mortgage Foreclosure O Miscellaneous O Prisoner Discipline & Parole O Real Property O Statutory O Taxation O Torts (other than foreclosure) COUN S E L P R E S S 800-4-APPEAL 34™ 4™ 460 WEST STREET, FLOOR, NEW YORK, NEW YORK, 10001 WWW.COUNSELPRESS.COM 9 of 12 FILED: NEW YORK COUNTY CLERK 05/04/2020 09:30 PM INDEX NO. 652336/2018 NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 05/05/2020 Appeal Paper Appea|êd From (Check one only): If an appeal has been taken from more than one order or judgment by the filing of this notice of appeal, please indicate the below information for each such order or judgment appealed from on a separate sheet of paper. O Amended Decree O Determination O Order O Resettled Order O Amended Judgement O Finding O Order & Judgment O Ruling O Amended Order O Interlocutory Decree O Partial Decree O Other (specify): M Decision O Interlocutory Judgment O Resettled Decree O Decree O Judgment O Rasattled Judgment Court: cupr::: court County: New York Dated: March 5, 2020 Entered: March 6, 2020 Judge (name in full): Hon. Debra A. James Index No.: 652336/2018 Stage: E Interlocutory O Final O Post-Final Trial: O Yes O No If Yes: O Jury O Non-Jury Prior Unperfected Appeal and Related Action or Próceeding Information Are any appeals arising in the same action or proceeding currently pending in the court? U Yes No If Yes, please set forth the Appe!!ate Division Case Number assigned to each such appeal. Where appropriate, indicate whether there is any related action or próceeding now in any court of this or any other jurisdiction, and if so, the status of the case: Original Proceeding Conuncn ed by: O Order to Show Cause O Notice of Petition O Writ of Habeas Corpus | Date Filed: Statute autheriziiig conuncnoement of proceeding in the Appe!!ate Division: Proceeding Transferred Pursuant to CPLR 7804(g) Court: | County: Judge (name in full): | Order of Transfer Date: CPLR 5704 Review of Ex Parte Order: Court: | County: Judge (name in full): | Dated: Description of Appeal, Proceeding or Application and Statement of Issues Description: If an appeal, briefly describe the paper appealed from. If the appeal is from an order, specify the relief requested and whether the motion was granted or denied. If an original próceeding commenced in this court or transferred pursuant to CPLR 7804(g), briefly describe the object of proceeding. If an application under CPLR 5704, briefly describe the nature of the ex parte order to be reviewed. This appeal is from a Decision and Order granting a motion which, in part, compelled discovery from a third-party law firm that was formerly counsel for Appellants. C OUN S E L P R E S S 800-4-APPEAL