FILED: NEW YORK COUNTY CLERK 02/20/2024 01:13 PM
`NYSCEF DOC. NO. 3
`
`INDEX NO. 650829/2024
`
`RECEIVED NYSCEF: 02/20/2024
`
`SUPREME COURT OF NEW YORK
`COUNTY OF NEW YORK
`Our File Number: 8104A-1152
`Progressive Casualty
`Company,
`
`Insurance
`
`AFFIRMATION OF ATTORNEY
`
`Petitioner(s),
`
`INDEX NO.: 650829/2024
`
`-against-
`
`Office of the Comptroller (NYC) and
`The City of New York,
`
`Respondent(s).
`
`Elissa Breanne Wolf, an attorney duly admitted to practice law before the Courts of
`
`the State of New York, hereby affirms the following to be true under the penalties of
`
`perjury:
`
`1.
`
`I am an attorney with the Law Offices of Jan Meyer & Associates, P.C., attorneys
`
`for Progressive Casualty Insurance Company, the Petitioner herein, and I am fully
`
`familiar with the facts and circumstances of this action.
`
`2.
`
`Petitioner relies on the Petition executed by Shadae Bumpers, Representative at
`
`Progressive Casualty Insurance Company, and all documents and exhibits hereto
`
`attached.
`
`3.
`
`4.
`
`This is an action whereby the Petitioner seeks confirmation of the arbitration award
`
`decided in its favor on March 8, 2023.
`
`As provided in greater detail in the accompanying Petition signed and executed by
`
`Shadae Bumpers, this matter arises out of Respondent’s failure to pay the full
`
`arbitration award of $31,947.28, arising out of an automobile collision which
`
`occurred on November 17, 2017.
`
`1 of 4
`
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`NYSCEF DOC. NO. 3
`
`INDEX NO. 650829/2024
`
`RECEIVED NYSCEF: 02/20/2024
`
`SUPREME COURT OF NEW YORK
`COUNTY OF NEW YORK
`Our File Number: 8104A-1152
`Progressive Casualty
`Company,
`
`Insurance
`
`AFFIRMATION OF ATTORNEY
`
`Petitioner(s),
`
`INDEX NO.: 650829/2024
`
`-against-
`
`Office of the Comptroller (NYC) and
`The City of New York,
`
`Respondent(s).
`
`Elissa Breanne Wolf, an attorney duly admitted to practice law before the Courts of
`
`the State of New York, hereby affirms the following to be true under the penalties of
`
`perjury:
`
`1.
`
`I am an attorney with the Law Offices of Jan Meyer & Associates, P.C., attorneys
`
`for Progressive Casualty Insurance Company, the Petitioner herein, and I am fully
`
`familiar with the facts and circumstances of this action.
`
`2.
`
`Petitioner relies on the Petition executed by Shadae Bumpers, Representative at
`
`Progressive Casualty Insurance Company, and all documents and exhibits hereto
`
`attached.
`
`3.
`
`4.
`
`This is an action whereby the Petitioner seeks confirmation of the arbitration award
`
`decided in its favor on March 8, 2023.
`
`As provided in greater detail in the accompanying Petition signed and executed by
`
`Shadae Bumpers, this matter arises out of Respondent’s failure to pay the full
`
`arbitration award of $31,947.28, arising out of an automobile collision which
`
`occurred on November 17, 2017.
`
`1 of 4
`
`
`
`FILED: NEW YORK COUNTY CLERK 02/20/2024 01:13 PM
`NYSCEF DOC. NO. 3
`
`INDEX NO. 650829/2024
`
`RECEIVED NYSCEF: 02/20/2024
`
`5.
`
`6.
`
`As a result of Office of the Comptroller (NYC) and The City of New York’s insured
`
`actions or omissions, Alim Trumic, sustained physical injuries.
`
`Pursuant to N.Y. Ins. L.§ 5105(a), Petitioner is entitled to recover "basic economic
`
`loss" from the City of New York as both parties’ insureds are “covered persons” as
`
`defined in N.Y. Ins. L. § 5102(j) and a vehicle involved in the aforementioned
`
`accident weighed more than six thousand five hundred pounds unloaded and/or
`
`was a motor vehicle used principally for the transportation of persons or property for
`
`hire.
`
`7.
`
`N.Y. Ins. L. §5105(b) specifies that where an insurer is to recover first-party benefits
`
`from the “insurer of any other covered person,” “[t]he sole remedy...shall be the
`
`submission of the controversy to mandatory arbitration pursuant to procedures
`
`8.
`
`9.
`
`10.
`
`11.
`
`12.
`
`13.
`
`promulgated or approved by the superintendent.”
`
`Additionally, 11 NYCRR 65.10 prescribed Arbitration Forums as the exclusive forum
`
`for resolution of no-fault related arbitration matters.
`
`A true copy of the record of arbitration proceedings in Arbitration Forums, is
`
`attached as Exhibit A.
`
`A true copy of the arbitration award in Petitioner’s favor is attached as Exhibit B.
`
`Prior to the filing of the underlying arbitration proceeding, Respondent issued
`
`payments totaling $9,607.62. A copy of the payments are attached as Exhibit C.
`
`To date, however, Petitioner has not received anything from Respondent.
`
`Petitioner hereby seeks confirmation of the arbitration award of $31,947.28, less
`
`prior payment of $9,607.62, against Respondent Office of the Comptroller (NYC)
`
`and The City of New York.
`
`2 of 4
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`
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`FILED: NEW YORK COUNTY CLERK 02/20/2024 01:13 PM
`NYSCEF DOC. NO. 3
`
`INDEX NO. 650829/2024
`
`RECEIVED NYSCEF: 02/20/2024
`
`WHEREFORE, it is respectfully requested that an order be issued herein, pursuant
`
`to CPLR §7510, granting Petitioner confirmation of the remaining arbitration award against
`
`Respondent Office of the Comptroller (NYC) and The City of New York in the amount of
`
`$31,947.28, less prior payment of $9,607.62, for a total of $22,339.64, plus costs, fees and
`
`interest dating from the 8 day of March, 2023, and for such other further relief as the
`th
`
`Court might deem just and proper.
`
`Dated: February 20, 2024
` New York, New York
`
`Law Offices of Jan Meyer & Associates, P.C.
`
`Elissa Breanne Wolf, Esq.
`Attorney for Plaintiffs
`1029 Teaneck Road, Second Floor
`Teaneck, New Jersey 07666
`Maintains a New York Office At:
`521 5th Avenue, 17th Floor
`New York, NY 10175
`Kindly correspond with our NJ office.
`
`3 of 4
`
`
`
`FILED: NEW YORK COUNTY CLERK 02/20/2024 01:13 PM
`NYSCEF DOC. NO. 3
`
`INDEX NO. 650829/2024
`
`RECEIVED NYSCEF: 02/20/2024
`
`LENGTH OF PAPERS CERTIFICATION
`
`I hereby certify that the foregoing document complies with 22 NYCRR Rule 202.8-b
`
`(a), which requires that: (i) affidavits, affirmations, briefs and memoranda of law in chief
`
`shall be limited to 7,000 words each; and (ii) reply affidavits, affirmations, and memoranda
`
`shall be no more than 4,200 words.
`
`Word Count: The total number of words in this document, exclusive of the caption,
`
`table of contents, table of authorities, and signature block is 722.
`
`Dated: February 20, 2024
`
`Law Offices of Jan Meyer & Associates, P.C.
`
`Elissa Breanne Wolf, Esq.
`Attorney for Plaintiff(s)
`1029 Teaneck Road, Second Floor
`Teaneck, New Jersey 07666
`Maintains a New York Office At:
`521 5 Avenue, 17th Floor
`New York, NY 10175
`Kindly correspond with our NJ office.
`
`th
`
`4 of 4
`
`
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