`
`
`
`
`
`ALAHVERDIAN IVAN LEUVAN
`ATTQRN EYE AT LAW
`
`VIA U.S. MAIL
`
`Honorable Orlando Marrazzo, 3r.
`Richmond County Supreme Court
`18 Richmond Terrace, Courtroom 320
`Staten Island, New York 10301
`
`TEL
`FAX
`
`{516} 490-3559
`(516)4533558
`
`EMAKL EInfo©EKA~Lawxom
`WEB EwwwiKA—Lawmom
`
`295 Broadway, 1st Floor, Bethpage, NY 11714
`
`Date: September 25, 2019
`
`Re:
`
`Paul Radenberg, as Limited Administrator of the Estate of Robert Niemis v.
`
`National Specialty Insurance Company
`
`Index:
`
`150253/2019
`
`Dear Justice Marrazzo:
`
`As you are aware, our office represents the defendant in the above-mentioned matter.
`
`Defendant provided its responses to plaintiffs discovery demands as well as served plaintiff
`
`with its demands on September 12, 2019, a copy of is attached herewith. Further, plaintiff has
`
`failed to respond to defendant’s demands within the ten days as ordered by the comt. Therefore,
`
`defendant agrees to move the conference to an earlier date to resolve outstanding discovery
`
`from plaintiff
`
`Sincerely,
`
` verdian, Esq.
`
`

`

`
`
`
`
`Wm
`
`
`ALAHVERDIAN |VAN LEUVAN
`
`ATTORNEYS AT LAW
`
`TEL
`FAX
`
`(51514903559
`(516)453—3559
`
`EMAIL Elnfo@EKA-Law.com
`WEB Ewww.EKA-Law.:am
`'
`‘
`295 Broadway, 1511 Floor, Bethpage, NY 11714
`
`VIA U.S. MAIL
`
`Tracy & Stilwell
`94 Lincoln Avenue
`
`Staten island, New York 10314
`
`September 12, 2019
`
`Re:
`
`Paul Radenburg, as Limited Administrator of the Estate of Robert Niemis
`
`v. National Specialty Insurance Company
`
`index Number:
`
`150253/2019
`
`Dear Counselor(s):
`
`As you are aware, our office represents the defendant in the aforementioned matter.
`Enclosed herewith, please find defendant’s Responses to Plaintiff’s Notice for Discovery and
`
`Inspection as well as Defendant’s Notice for Discovery and Inspection. Please feel free to contact
`
`our office with any questions you may have.
`
`V
`
`’
`
`Sincerely,
`
`
`
`d‘
`KAI h
`j“;
`a ver Ian,
`
`E .
`sq
`
`/
`
`
`
`

`

`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF RICHMOND
`_______________________________________________________________________X
`
`PAUL RADENBURG, as Limited Administrator of the
`Estate of ROBERT NIEMIS
`
`Index N0.: 150253/2019
`
`Plaintiff,
`
`NOTICE FOR DISCOVERY AND
`INSPECTION
`
`~against—
`
`NATIONAL SPECIALTY INSURANCE COMPANY,
`
`Defendant.
`_______________________________________________________________________x
`
`SIRS:
`
`PLEASE TAKE NOTICE, that pursuant to CPLR 3101 and 3120, plaintiff(s) are hereby
`
`required to produce, finish and permit discovery by the Defendant(s),
`
`their attorneys, or
`
`representatives, the following items and/or documents for inspection within thirty (30) days from
`
`the date of this Notice at 10 o’clock in the forenoon at the office of the Defendant’s attorney.
`
`1.
`
`It is understood that the term “you” or “your” refers to the individual or party upon whom
`
`,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,this.,.Demand,,is,made,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
`
`
`
`W
`
`2. The term “this party” means the defendant or defendants represented by the Law Offices
`
`of Alahverdian Van Leuvan, RC.
`
`3. The term “document” is broadly and liberally defined to include photographs, bills, memos,
`
`videos, audio tapes, graphs, reports and any data compilations from which information can
`
`be obtained and translated through electronic devices into reasonable usable form.
`
`4. The term “underlying action” refers to the lawsuit against SCOOBY’S DOODLES, INC
`
`d/b/a SCOOBY’S LOUNGE, MAX MANNING, and COIL TECH HVAC SERVICS,
`
`INC, filed in the Supreme Court, Richmond County, under index number 102927/2012.
`
`

`

`5. This Demand is considered to be ongoing and must be amended in the event any
`
`undersigned will object at the time of trial to the testimony of any witness or evidence not
`
`so identified.
`
`DOCUMENTS TO PRODUCE
`
`6. Pursuant to CPLR Section 3101(6), a copy of any statement given by or on behalf of any
`
`answering Defendants serving this demand.
`
`7. Pursuant to CPLR Rule 2103(6), the names and addresses of each party and attorney
`
`appearing in this action and/or the name and addresses of each party and attorney having
`
`appeared in the underlying action.
`
`8. Photographs under the control of the plaintiff(s) or plaintiff(s)’ counsel showing the
`
`accident site before, during and after the alleged occurrence.
`
`9. Provide copies of any blueprints and/or specifications with reference to the premises on
`
`which plaintiff(s) was allegedly injured.
`
`10. Provide copies of any leases and/or subleases in effect for the period of time commencing
`
`two (2) years prior to the alleged accident said to have occurred on June 10, 2011 pertaining
`
`""""""""""""tothewfffemlsesonwhlchp amtlffwasallegedIYImmedWWW”
`
`11. Supply copies of transcripts or records of all examinations before trial and statutory
`
`hearings heretofore conducted including in the underlying action.
`
`12. Name and addresses of any known witnesses either of the occurrence or to the issue of
`
`notice.
`
`13. Copies of any purported 0r lawful liens against the plaintiff(s) recovery.
`
`14. Copies of each and every permit and/or license relating to the premises located at 4164
`
`Victory Boulevard, Staten Island, New York 10314 (“subject premises”) that was in effect
`
`

`

`on June 10, 2011.
`
`15. Ali contracts, sub-contracts, riders thereto and change order relative to the subject site and
`
`work being performed by any party on the date of loss, June 10, 2011.
`
`16. Any and all contracts, sub-contracts, agreements relating to the subject premises in effect
`
`on June 10, 2011.
`
`17. Any and all contracts, sub-contracts and/or agreements with any company/person hired to
`
`do work at the subject premises.
`
`18. Any and all policies and/or contracts in effect on the date of loss provided by MAX
`
`MANNING in connection with the underlying action.
`
`19. Any and all contracts in effect on the date of loss provided by COIL TECH HVAC
`
`SERVICS, {NC in connection with the underlying action.
`
`20. Provide copies of any and all settlement documentation executed in relation to the subject
`
`and/or companion matters that plaintiff has executed, including but not limited to copies of
`
`General Releases, Stipulations, etc.
`
`21. Provide copies of any and all settlement documentation executed by plaintiff and MAX
`
` '
`
`INC“"i‘é’l'ative""'t'O”“the"'”"fifiderlyi“figwa”’ctiofi""‘ificltld'i‘ng';"'"but""‘n0t"'"'limited‘"'"tog'wcopi‘eS"*"'*0f""""""""""""""""""""""""""""""""""""""""‘
`
`General Releases, Stipulations, etc.
`
`22. Provide copies of any and all settlement documentation executed by plaintiff and COIL
`
`TECH HVAC SERVICES relative to the underlying action including, but not limited to,
`
`copies of General Releases, Stipuiations, etc.
`
`23. Any and all contracts or agreements executed between you and any other parties in
`
`connection with the underlying action.
`
`24. All statements and communications of any and ail witnesses including any and all
`
`

`

`statements of Plaintiff and Defendant(s), including taped recordings, whether transcribed
`
`or not, as well as written statements.
`
`25. Any and/or all documents or communications of any nature whatsoever which relate, refer
`
`or pertain to any party in this action, the underlying action, the incident, incident site and/or
`
`any instrumentality involved in the incident described in Plaintiff’ s Complaint.
`
`26. Any and all contracts or agreements executed between you and this defendant, or any
`
`contracts or agreements upon which you intended to rely to establish the liability,
`
`responsibility of fault of this defendant.
`
`27. Please provide the following documents for this lawsuit and/0r documents relating to the
`
`underlying action:
`
`a. A copy of all interrogatories, Demands for the Production of Documents, Requests
`
`for Admissions, and any other discovery documents, either served on you or served
`
`by you, and all responses thereto;
`
`b. A copy of all deposition transcripts; and/or
`
`
`
`0. A copy of all court transcripts including, but not limited to, court orders.
`
` “any"""""and76‘i*"”“""a11W“'a‘e'emnenfatien‘awmua"""""t
`
`
`
`correspondences relating to the Lewis Brisbois firm being subsequently discharged by the
`
`Court fi‘om representing SCOOBY’s in the underlying action as alleged in paragraph “14”
`
`of the Verified Complaint.
`
`29. Provide any and/or all documentations, communications, and/or correspondences plaintiff
`
`relies upon in asserting that the defendant herein, as well as SCOOBY’S, received proper
`
`notiCe of the trial inquest as alleged in paragraph “15” of the Verified Complaint.
`
`30. Provide any and/or all documentations, communications, and/or correspondences plaintiff
`
`

`

`relies upon in asserting that the defendant herein failed to properly disclaim coverage as
`
`alleged in paragraph “22” in the Verified Complaint.
`
`PLEASE TAKE FURTHER NOTICE that this demand is deemed to be continuing and the
`
`undersigned will object at the time of trial to the testimony of any witness or evidence not so
`
`identified.
`
`Dated: Bethpage, New York
`. September 11, 2019
`
`ALAHVERDIAEI VAN LEUVAN, RC.
`
`'
`By:JM_..»—?';:§fw
`ERICIgiéfiLAHVERDIAN, ESQ.
`Attorneysfor Defendant,
`National Specialty Insurance Company
`295 Broadway, lst Floor
`Bethpage, NY 11714
`P: (516) 490—3559
`
`

`

`AFFIDAVIT OF SERVICE
`
`ss.:
`
`) )
`
`)
`
`STATE OF NEW YORK
`
`COUNTY OF NASSAU
`
`Michael Feerick, being duly sworn, deposes and says:
`
`I am not a party to the action, am over 18 years of age and reside in East Northport, New
`
`York.
`
`On September 12, 2019, I served a true copy of the within Defendant’s NOTICE FOR
`DISCOVERY AND INSPECTION, by mailing the same in a sealed envelope, with postage
`prepaid thereon, in an official depository of the United States Postal Service within the State of
`New York, addressed to the Plaintiff’s Counsel at the address indicated below:
`
`Tracy & Stilwell, PC.
`Attorneys for Plaintiff
`94 Lincoln Avenue
`
`Staten Island, New York, 10306
`
`
`
`
`
`/' Michael/Peerick
`
`/
`
`
`
`GERARD RAYMOND VAN LEUVAN ‘ a
`
`NOTARY PUBLIC STATE OF NEW YORK
`NASSAU COUNTY
`
`.
`Sworn to before me this
`3% day of Septmber, 20
`
`/ ,
`
`
`
`
`
`

`

`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF RICHMOND
`____________________________________________________________________X
`
`PAUL RADENBERG, as Limited Administrator of the
`Estate of ROBERT NIEMIS,
`
`Plaintiff,
`
`-against-
`
`NATIONAL SPECIALTY INSURANCE COMPANY,
`
`____________________________________________________________________X
`
`Defendant.
`
`____—____.—_—._——a——————-—'
`
`NOTICE FOR DISCOVERY AND INSPECTION
`
`Index No.: 150253/2019
`
`
`
`ALAHVERDIAN VAN LEUVAN, P.C.
`Attorneysfor Defendant,
`National Specialty Insurance Company
`295 Broadway, 1st Floor
`Bethpage, NY 11714
`P: (516) 490-3559
`F: (516) 490— 3559
`
`

`

`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF RICHMOND
`__________________________________________________________________X
`
`PAUL RADENBERG, as Limited Administrator of the
`Estate of Robert Niemis
`
`Plaintiff,
`
`V.
`
`Index NO': 1 50253/2019
`
`RESPONSE TO PLAINTIFF’8
`NOTICE FOR DISCOVERY AND
`
`NATIONAL SPECIALITY INSURANCE COMPANY
`
`INSPECTION
`
`__________________________________________________________________X
`
`Defendants.
`
`SIRS:
`
`PLEASE TAKE NOTICE that Defendants, NATIONAL SPECIALITY INSURANCE
`
`COMPANY, by its attorneys, ALAHVERDIAN VAN LEUVAN, P.C., hereby responds to
`
`Plaintiff’s Notice for Discovery and Inspection dated July 3, 2019 and setting forth, in detail, the
`
`following information:
`
`1. Objection. Demand is overly broad, vague and burdensome. Notwithstanding said
`
`objection, please see the attached Declarations Page.
`
`2. E’lease see Response “1”.
`
`3. Please see Response “1”. Notwithstanding, to be provided under separate cover should any
`
`become available.
`
`4PleaseseeResponSE‘1”
`
`5. Objection. Demand is overly broad, vague and burdensome. Notwithstanding said
`
`objection, to be provided under separate cover should any become available.
`
`6. Objection. Demand is overly broad, vague and burdensome. Notwithstanding said
`
`objection, to be provided under separate cover should any become available.
`
`7. Objection. Demand is overly broad, vague and burdensome. Notwithstanding said
`
`objection, please see the attached Notice of Claim from the insured in connection with the
`
`underlying action.
`
`

`

`8. Please see Response “7”.
`
`9. Objection. Demand is overly broad, vague and burdensome. Notwithstanding said
`
`objection, to be provided under separate cover should any become available.
`
`10. Objection. Demand is overly broad, vague and burdensome. Notwithstanding said
`
`objection, please see the attached Correspondences with proof(s) of mailing in
`
`connection with the underlying action.
`
`11. Please see Responses “7” and “10”.
`
`12. Objection. Demand is overly broad, vague and burdensome. Notwithstanding said
`
`objection, to be provided under separate cover should any become available.
`
`13. Objection. Demand is overly broad, vague and burdensome.
`
`l4. Objection. Demand is overly broad, vague and burdensome.
`
`15. Objection. Demand is overly broad, vague and burdensome in light of the work product
`
`doctrine and other privileges protecting such internal documents from discovery.
`
`16. Please see Response “10”.
`
`17. Please see Response “10”.
`
`PLEASETAKEFURTHERNOTICEDefendantNATIONALSPECIALITY
`
`INSURANCE COMPANY, reserves its right to amend, modify, and/or supplement any of the
`
`foregoing responses at any time.
`
`Dated:
`
`Bethpage, New York
`September 11, 2019
`
`Yours etc,
`
`’v
`ALAHVERDI'I,
`/.
`.1"
`
`
`LsgyAN, P.C.
`
`//3i’iick K. Alahverdian, Esq.
`Attorneysfor Defendant
`295 Broadway, lst Floor
`Bethpage, NY 11714
`P: (516) 490—3559
`
`

`

`2/8/2011
`
`DECLARATIONS
`COMMERCIAL PACKAGE POLICY
`NEW
`WW
`
`Named Insured and Address
`SCOOBY'S DOODLES, INC.
`T/A SCOOBY'S DOODLES
`4164 VICTORY BLVD.
`STATEN ISLAND, NY 10314
`
`RCA Insurance Group
`1333 Broad Street
`CIifton, NJ 07013
`(973) 472-8600 (973) 472-5448
`
`NAMED INSURED IS A(N) CORPORATION
`
`INSURANCE COMPANY
`
`National Specialty Insurance Co., Inc.
`AGENT/BROKER
`POLICY NUMBER
`Marchetti & Sabatelli Assoc.
`RCD306294-11
`9201 4th Ave, Suite 200
`POLICY TERM 2/1/11 TO 2/1/12
`Suite 200
`12:01 AM. Standard Time at Location of Risk
`Brooklyn, NY 11209
`PLEASE READ YOUR POLICY CAREFULLY. SHOULD YOU HAVE A QUESTION CONCERNING ANY CHANGES, PLEASE CONTACT YOUR
`AGENT/BROKER IMMEDIATELY.
`
`COMMERCIAL PROPERTY COVERAGE
`Location
`Bldg.
`Coverage
`1
`1
`Building
`1
`1
`Personal Prop. Insured
`1
`1
`Bus.|nc. w/ Ext. Exp. Excludes Rents
`
`Limit of Ins.
`$205,000
`$30,000
`$50,000
`
`Covered Causes
`Special Incl. Theft
`Special Incl. Theft
`Special Incl. Theft
`
`Co-lns.
`80%
`80%
`1/4
`
`REPLACEMENT COST VALUE BASIS APPLIES
`DEDUCTIBLE $1 000 EACH OCCURRENCE
`ENHANCEMENT ENDORSEMENT: $1,000 DEDUCTIBLE
`DESIGNATED PREMISES-
`1.4164 VICTORY BLVD., STATEN ISLAND, NY, 10314 — TAVERN
`
`ADDITIONAL INSURED:
`MAX MANNINO 1912 RICHMOND TERRACE, STATEN ISLAND, NY 10302
`
`GENERAL LIABILITY
`$1,000,000
`EACH OCCURRENCE LIMIT
`$2,000,000
`GENERAL AGGREGATE
`...............................pRggugxs/Co MRLETED_QP_S.AGG,... _......$1,,ooo,.000...,...............F,.IRE..DAMAG,E_L1MI.T. __$100000__ .
`PERSONAL & ADV INJURY
`$1,000,000
`MEDICAL EXPENSE LIMIT
`$5,000
`
`.
`
`SUB CLASS DESCRIPTION
`LINE CODE
`334
`16941 Restaurants - with alcohol 75% or more of annuaI receipts - bar service only (no
`tables): without dance floor (Rates eff. after 7/02)
`16941 Restaurants ~ with alcohol 75% or more of annual receipts ~ bar service only (no
`tables): without dance floor (Rates eff. after 7/02)
`
`336
`
`EXPOSURE RATE
`
`PREMIUM
`
`INCL
`
`INCL
`
`INCL
`
`INCL
`
`INCL
`
`INCL
`
`

`

`LIQUOR LIABILITY: OCCURRENCE
`
`EACH OCCURRENCE $500,000
`
`AGGREGATE §500,000
`
`DESCRIPTION OF OPERATION:
`TAVERN
`
`PREM.
`INCL
`
`RATE
`INCL
`
`RECEIPTS
`INCL
`
`ITEMS REQUESTED
`1) SIGNED & DATED APPLICATION
`
`2)TRW
`
`PREMiUM: $6,227.00
`NYFIF: $16.81
`TOTAL: $6,243.81
`
`M I
`
`n consideration of the premium, insurance is provided to the named insured with respect to the designated premises shown above and
`with respect to those coverages and kinds of property for which a specific limit of iiability is shown. subject to all of the terms of this
`policy inciuding forms and endorsements made a part hereof.
`
`2/8/1 1
`
`
`
`Date
`
`Authorized Representative
`
`
`
`This declaration page with Commercial Package Policy Conditions and Definitions and Forms and Endorsements, if any. issued to form
`a part thereof, completes the above numbered policy.
`MW
`
`

`

` Email to Fax neliverv
`
`
`
`19734725448
`To:
`jeanieschneider@msains.com
`From:
`Date: June 14, 2011 15:29:03 GMT
`Subj: First notice of liability occurrence for Scooby’s Doodles, RCD306294-11
`Pages: 3
`
`
`Please see attached and advise when received. Also, please note that this is being reported for record purposes only — no claim
`is being filed as yet.
`
`Jeanie M. Schneider
`Marchetti & Sabatelli Associates
`
`Phone: (646) 747-6305
`Fax:
`(718) 680-2290
`JeanieSChneiderQ msainscom
`
`Check out our newly designed virtual insurance agency at:
`
`www.msainsmom
`
`.9201 4th Avenue, 7th Floor, Brooklyn, NY 11209
`Phone: (718) 745-9100 Fax: (718) 680—2290
`.129 West 27th Street, 6th Floor, New York, NY 10001
`
`Phone: (21 2) 777—7129 Fax: (212) 777-7483
`036 Beach Road, Unit 6, Monmouth Beach, N] 07750
`Phone: (732) 962-4242 Fax: (732) 962-4240
`0 777 South Flagler Drive, Suite 800, West Palm Beach, FL 33401
`Phone: (561) 800-8295 Fax: (561) 300—8294
`
`

`

`'
`
`.
`
`' @312,» GENERAL LIABILITY [NOTICE oF oCcu'RRENCEICLAIM
`
`
`.
`
`.
`
`OPID Js
`
`
`
`DATE OF CLAIM
`
`'
`
`DATE OFOOOURREN E ANI? TIME
`~ x OCCURR.NCE
`06/10/11
`'-
`.
`- NOTICEOFCLAIM
`EFFECTIVEDATE
`EXPIRATION DATE
`901.10va
`
`
`06 14 2011 -
`
`I-Im
`
`RETROACTIVE DATE .
`
`
`
`
`
`
`
`
`AGENCY
`
`NO Ext: 718-745“ 9100
`
`~.
`
`.
`
`.
`
`5'- Sabatelli ASSOC-
`Marchetti
`
`9201 Fourth. Avenue, 7th Floor
`
`Brooklyn‘NY 11209
`Joanna Giardino
`
`No No): 718—680— 290
`
`'M
`.
`.
`'
`..
`ADDRESS: 1nfo@msa1ns. com
`
`eU$bNERm:
`INSURED
`
`SCOOB—l
`
`
`~
`
`
`
`.
`
`.
`
`
`
`
`
`
`
`RCD306294—11'
`‘ CONTACT
`
`
`
`
`Scooby's Doodles, Inc.
`
`
`Regina Rotondo
`
`4164 Victory Boulevard
`
`-
`‘
`- I
`x
`'
`‘
`
`EHNL Szgenniezeoaolmom
`
`
`02 /0 1 /12
`
`02/01/11
`
`COMPANY
`NEtional Specialty Ins Co
`
`‘
`.
`OCCURRENCE - cums MADE
`MISCELLANEOUS INFO [SIIO a. location code)
`
`.Scooby's Doodles, Inc.
`Regina Rotondo.
`,
`,
`4164 Victory Boulevard
`‘
`=
`‘
`0- u '
`'
`‘
`
`.
`
`.
`
`
`
`.
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`.
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`comer msuaso
`
`WHERE TO CONTACT '
`
`
`
`
`
`WHEN'rocou‘rAcT
`
`
`-
`
`
`
`718
`
`
`
`983—7405
`
`719 '314—1404 --
`
`'
`
`
`
`
`.718
`
`983—7405
`
`713 '31441404'
`
`
`.10 ory Bou evar -
`LOCATION OF
`.
`.
`OCCURRENCE
`(Include city & stab) Staten I 5 land NY
`
`.
`
`' If necessary) Mr. Niexnis fell off the roof.
`
`DESCRIPTIONOF
`Raifi‘é‘iméiim,
`
`Patron Robert Niemis was asked by air conditioning repairman
`'to help locate the unit. Both climbed onto the r’oof,. 'and
`See e-mail from owner.
`
`POLICY INFORMATION
`COVERAGE PART 0R
`'
`FORMS (Instr! form -
`#s and adltlon dams)
`
`1000000-
`1000000
`2000000
`lfifiéiiflllllflhflflllllllEMEEEIIMEMEEIIIIIIIIIIIIIIIIIIII
`TYPE OF LIABILITY
`
`_aml
`
`OWNER‘S NAME
`t. ADDRESS
`
`'
`
`.
`
`w
`
`.
`
`'
`
`TYPE 0" PRODUCT
`
`.
`.
`or ; . i V ‘ ...................................................................................................
`_ U
`NO NO, Ex! :
`.
`
`.
`
`vacuum-s: INSURED Is I MANUFACTURER - VENDOR - OTHER;
`MANUFACTURER'S
`.
`NAME&ADDREBS
`.m not‘Insumd) ..................................................................................................................................................... ............................................................
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`WHERE CAN PRODUCT BE SEEN?
`OTHER LIABILITY IN-
`CLU DING COMPLETED
`OPERATIONS (Explaln)
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`INJUREDIPROPERTY DAMAGED ‘
`NAME &
`R0 0 er 1:
`1611115
`PHONE (NC, No. Ext)
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`ADDRESS
`(Injuradmwnar)
`'
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`Unknown -
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`DESCRIBE
`ESTIMATE AMOUNT WHERE cm
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`PROPERTY
`PROPERTY
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`BE SEEN?
`(Typo, modal. etc)
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`WITNESSES
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`EMPLOYER‘S
`NAME&
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`Anunesa
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`~
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`-
`WHERE TAKEN
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`WHAT WAS INJURED DOING?
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`PHONE (NO, No. Exl)
`'
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`'
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`~
`WHEN CAN PROPERTY BE SEEN?
`.
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`I
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`NAME & ADDRESS
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`REMARKS
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`'
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`THIS INCIDENT IS BEING REPORTED FOR RECORD PURPOSES ONLY;
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`SUSINESS PHONE (NC, No, Ex!)
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`RESIDENCE PHONE (NC. No}
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`‘
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`‘
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`.
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`-
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`Joanne. Giardino
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`.
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`'
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`ACO RD 3 (2005106)
`
`NOTE: IMPORTANT STATE INFORMATION ON REVERSE SIDE
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`© AOORD CORPORATION 1986-2005
`
`

`

`Jeanie Schneider
`
`From:
`.Sent: '
`To:
`Subject:
`
`-
`
`'
`
`.
`
`~
`
`~
`
`‘
`'
`
`-
`
`Joanne Pilie're [J-Giardiho@MSAlns.'com]l~ ,
`‘ Tuesday, June-14,2011 11:08" AM
`~
`-
`,
`'
`Jeanie Schneider
`va June 10th Incident Scoobys Doodlesinc 4164 Victory Blvd
`
`_
`
`Sent fiom .my Verizon Wireless BlackBen-y '
`
`
`
`aol.com>_~'
`From: < enirie26
`Date: Mon, 13 Jun 2011 13:18:28 -04.00
`.
`.
`.
`To: <'
`'ardino
`sams.com> _
`Sirbj ect: June 10th Incident .Scoobys Doodles Inc 4164 Victory Blvd
`
`'.
`
`Joanne
`
`‘
`
`It is my understanding that on June 10th, 2011 an incident occurred at my place of business located at 4164 Victory Blvd
`S.i.N.Y. 10314 invoiving a patron Robert Niem’s at aprroximately 7pm. The landlord Max Manino sent an air cénditloning
`person to fix the air conditioner that Was not working that is located on the roof, the air Conditining person asked who knew
`where the unit was and Mr. Niemis volunteered to show him and climbed onto the roof with the Air Conditioning guy where
`at the point I believe he felt. I did not see him fall ad I belieVe the only person who can actually detail the events is the air
`conditioning guy who went on the roof with Mr. Niemls.
`
`Sincerely Yours
`
`Regina Rotondo
`
`President Scoobys Doodles Inc.
`
`

`

`l s-rATE AUTO '
`
`(,3
`
`insurance Companies
`
`1
`
`AUTO BUSlNESS
`
`
`
`
`
`January 6, 2015
`
`VIA REGULAR MAIL& CERTIFIED MAIL RRR
`
`Regina Rotondo
`52 Nehring Avenue
`Staten Island, New York 103 14—6 151
`
`Regina Rotondo
`48 Helen Street
`
`Plains, Pennsylvania 18705
`
`Re:
`
`Plaintiff
`Insured
`D/Loss
`Policy No.
`
`A
`
`: The Estate of Robert Niemis/Paul Radenberg
`: Scooby’s Doodles, Inc. d/b/a Scooby’s Lounge
`: June 11, 2011
`: RCD306294—11
`
`Dear Ms. Rotondo:
`
`
`Please be advised that State Auto Insurance Companies (“State Auto”) has assumed the role
`'"""”'fr6’1fi"RCA‘lfisutanceGroup'""(“RCA’")"as the-authorized-‘claims-administrator-onV-r-behalf— of—Nationa]------------------------------------- -
`Specialty Insurance Company (“NSIC”), the General Liability insurer for Scooby’s Doodles.
`
`As you know, NSIC was providing a defense to Scoobyt’s Doodles, Inc. d/b/a Scooby’s
`' Lounge (“Scooby’s Doodles”) under NSIC policy RCD306294-11 in connection with the above-
`referenced lawsuit filed by the Estate of Robert Niemis. The law firm of Lewis Brisbois Bisgaard &
`Smith LLP (“Lewis Brisbois”) was previously assigned to defend Scooby’s Doodles in connection
`with the Estate of Robert Niemis lawsuit, however, based upon Scooby’s Doodles systematic failure
`to cooperate with the defense of the Niemis lawsuit and failure to respond to your attorney’s and
`RCA’S requests to cooperate with the defense of the Niemis lawsuit, the law firm of Lewis Brisbois
`was directed to file a motion with the court to be relieved as counsel. As you know, the court
`granted Lewis Brisbois’ motion to be relieved as counsel on November 17, 2014.
`
`cosponAngmimggggmrERs
`
`1 518 EAST BROAD STREET 1 COLUMBUS, 0Hto 4321s
`
`1 614.464.5000 | smruurorom
`
`

`

`'
`
`@,
`Insurance Companies
`,
`‘
`BUSINESS AUTO
`
`
`
`
`Your contractual obligation to cooperate with NSIC, State Auto and your defense counsel in
`connection with the Niemis lawsuit is as follows:
`
`SECTION I - COVERAGES
`
`COVERAGE A BODILY INJURY AND PROPERTY
`
`DAMAGE LIABILITY
`
`1.
`
`Insuring Agreement
`
`a. We will pay those sums that the insured becomes legally obligated to pay as
`
`damages because of “bodily injury” or “property damage” to which this insurance
`applies. We will have the right and duty to defend the insured against any “suit” seeking
`those damages. However, we will have no duty to defend the insured against any “suit”
`seeking damages for “bodily injury” or “property damage” to which this insurance does
`not apply. We may, at our discretion, investigate any “occurrence” and settle any claim
`or “suit” that may result.
`
`SECTION IV
`
`COMMERCIAL GENERAL LIABILITY C‘ONDITIONS
`
`13. Duties In The Event of Occurrence, Offense, Claim or Suit
`a, You must see to it that we are notified as soon as practicable of an “occurrence” or
`an offense which may result in a claim. To the extent possible, notice should
`include:
`
`l l i l l 3
`
`l i l ll i
`
`t
`
`El i
`
`b.
`
`(1) How, when and where the “occurrence” or offense took place;
`(2) The names and addresses of any injured persons and witnesses; and
`(3) The nature and location of any injury or damage arising out of the
`
`'iremé’rnr‘nffénse:.........................................................................
`if a claim is made or “suit” is brought against any insured, you must:
`(1) Immediately record the specifics of the claim or “suit” and the date
`received; and
`(2) Notify us as soon as practicable.
`You must see to it that we receive written notice of the claim or “suit” as
`soon as practicable.
`0. You and any other involved insured must:
`(1) Immediately send us copies of any demands, notices, summonses or legal
`papers received in connection with the claim or “suit”;
`(2) Authorize us to obtain records and other information;
`(3) Cooperate with us in the investigation or settlement of the claim or
`defense against the “suit”; and
`
`CORPORATE HEADQUARTERS
`
`I 518 EAST BROAD STREET I COLUMBUS, OHIO 43215 I 514.464.5000 I STATEAUTO.COM
`
`5
`i
`i
`l
`l
`3
`l
`3
`i
`
`2l i i i i l
`
`
`
`

`

`Insurance Companies
`
`= liq-STATE AUTO
`.,
`
`7
`7
`-_
`_
`_.
`HOME
`;. Auro
`BUSINESS
`
`‘ $31
`us, upon our reques , in
`e e oreement of any right against any
`
`person or organization which may be liable to the insured because of
`injury or damage to which this insurance may also apply.
`
`d. No insured will, except at that insured’s own cost, voluntarily make a
`payment, assume any obligation, or incur any expense, other than for first aid,
`without our consent.
`
`Repeated attempts were made to obtain your cooperation in connection with the defense of
`the Niemis matter, yet Scooby’s Doodles repeatedly refused to provide documentary evidence
`necessary to the defense of this matter and refused to appear for a deposition in this matter.
`in fact,
`Scooby’s Doodles refused to speak to defense counsel on the phone and refused to respond to the
`numerous letters sent to Scooby’s Doodles by RCA and defense counsel directing Scooby’s
`Doodles to cooperate. We have acted diligently in seeking to bring about Scooby’s Doodles
`cooperation and Scooby’s Doodles attitude has risen to the level of willful and avowed obstruction.
`See Continental Cas. Co. v. Stradfora', 11 N.Y.3d 443 (2008); Thrasher v. United States Liability
`Ins. C0., 19 N.Y.2d 159 (1967). Scooby’s Doodles failure to cooperate with the defense of the
`Niemis lawsuit essentially rendered the lawsuit indefensible. Accordingly, State Auto and NSIC’s
`ability to defend this lawsuit was severely prejudiced and adversely affected.
`
`Based on the foregoing, please be advised there is no coverage afforded to Scooby’s
`Doodles for the Niemis lawsuit under the NSIC policy based on Scooby’s Doodles failure to
`cooperate. NSIC’s position regarding coverage is based on the information, which is currently
`available. Any failure to cite other policy conditions or exclusions at this time shall not preclude
`NSIC from citing other policy conditions or exclusions at such time that additional information
`gives rise to their applicability. NSIC in no way waives any right by any statement in this letter,
`including its right to sue for declaratory relief and its right to seek reimbursement for any
`indemnity, settlement, judgments or expenditures.
`
`NSIC’s position is based upon the facts uncovered to date and we reserve the right to modify
`.r.r...our..determination..concerningcoverage,tortillaslaim_.i_f.1¥§t£§lll§si_hx.fi‘idlli Italillfmlléthlfl:......1i199.........................
`have any other information that'you believe may affect our determination onceming coverage for
`this claim please provide it to us for review.
`
`
`
`If you should have any question or wish to discuss this matter then please do not hesitate to
`contact the undersigned.
`
`Very Truly Yours,
`
`Margaret Pruitt, AIC, AIS, LPCS
`Claim Examiner
`
`State Auto Insurance Companies
`PO. Box 182822
`
`Columbus, OH 43218-2822
`Phone: 614.917.4677 Fax: 614.827.2127
`
`
`
`
`
`CORPORATE HEADQUARTERS
`
`I 518 EAST BROAD STREET 1 COLUMBUS, OHIO 43215 I 614.464.5000 I STATEAUTO.COM
`
`

`

`STATE A0115 "
`‘ llnsuran'ce Companies 3 -
`
`
`
`BUSINESS
`
`cc:
`
`Danna & Associates, PC.
`Attorneys for Plaintiff
`1145 Forest Avenue
`
`Staten Island, New York 10310
`(Via Certified and Regular Mail)
`
`l
`
`:3
`
`l ll l l l E fllI l ll ll lg l s l
`
`
`
`
`
`CORPORATE HEADQUARTERS
`
`I 518 EAST BROAD STREET I COLUMBUS, OHIO 43215 I 614.464.5000 I STATEAUTO.COM
`
`

`

`
`
`RCA INSURANCE GROUP
`1333 BROAD STREET, CLIFTON, NJ. 07013
`P.O. BOX 4054, CLIFTON, NJ. 07012-0454
`
`(973) 472-8600 (800) 526-0147
`(973) 472-5448 FAX
`7‘
`
`E WWW~r°rinsurame~°°m
`
`Jan15,2013
`
`Regina Rotondo
`48 Helen Street
`
`Plains, PA 18705
`
`CERTIFIED AND REGULAR MAIL - Return Receipt Requested
`
`Re:
`Insured:
`Claim #:
`
`Policy #:
`Plaintiff:
`Date of Loss:
`
`SCOOBY'S DOODLES
`NSSO4080
`
`RCD306294—ll
`E/O Robert Niemis (Paul Radenberg
`6/10/11
`*
`
`Dear Ms. Rotondo:
`
`the authorized third party administrator for National Specialty
`is
`Risk Control Associates (RCA)
`Insurance Company (NSIC). NSIC provided commercial general liability insurance coverage to Scooby’s
`Doodles, Inc. under policy RCD306294-ll effective 2/ l/ l l to 2/1/12. For the reasons outlined below, we
`~-ware-investigati ng—and-offeri-ngit-tol- prov-ide--a--defense-subject-to-afull .~Reser:vation,..of.Rights
`
`.. .
`
`...
`
`This claim was initially received in our office on 6/ 14/ 11 and arises from an incident that occurred on
`6/10/11 in which Robert Niemis fell from the roof of the building leased by Scooby’s Doodles, Inc. while
`assisting a repairman hired to repair the air conditioning unit. We subsequently received a SummOns and
`Complaint served upon you in the above-captioned matter. Upon receipt of the claim we retained Tri—
`Partners Claim Service to assist in our investigation. Tri—Partners has made several attempts to contact
`you to discuss this matter but we have been advised that you have not returned their calls.
`
`Policy RCD306294-l l is subject to Commercial General Coverage Occurrence Form CG 0001 12/07, which
`includes the following language:
`
`SECTION I - COVERAGES
`
`COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY
`
`1. Insuring Agreement.
`
`

`

`a.
`
`We will pay those sums that the insured becomes legally obligated to pay as
`damages because of "bodily injury" or "property damage" to which this
`insurance applies. We will have the right and duty to defend the insured
`against any "suit" seeking those damages. However, we will have no duty to
`defend the insured against any "suit" seeking damages for "bodily injury" or
`"property damage" to which this insurance does not apply...
`
`The policy also contains the following language under SECTION IV - COMMERCIAL
`GENERAL LIABILITY CONDITIONS,:
`
`2.
`
`Duties In The Event Of Occurrence, Offense, Claim Or Suit
`3.
`You must see to it that we are notified as soon as practicable of an
`“occurrence” or an offense which may result in a claim. To the extent
`possible, notice should include:
`(1)
`How, when and where the “occurrence” or offense took place;
`(2)
`The names and addresses of any injured persons and witnesses;
`and
`
`(3)
`
`The nature and location of any injury or damage arising out of
`the “occurrence” or offense.
`
`b.
`
`If a claim is made or “suit” is brought against any insured, you must:
`(1)
`Immediately record the specifics of the claim or “suit” and the
`date received; and
`Notify us as soon as practicable.
`(2)
`You must see to it that we receive written notice of the claim or “suit”
`
`as soon as practicable.
`
`' c.
`
`You and any other involved insured must:
`(1)
`Immediately send us
`copies of any demands, notices,
`summonses or legal papers received in connection with the
`claim or “suit”;
`Authorize us to obtain records and other information;
`(2)
`Cooperate with us in the investigation or settlement of the claim
`(3)
`01defenseagainstthe“su1t”.and.
`(4)
`Assist us, upon our request, in the enforcement of any right
`against any person or organization which may be liable to the
`insured because of injury or damage to which this insurance
`may also apply.
`
`Subject to a Reservation of Rights we have retained the law firm of Lewis, Brisbois, Bisgaard, Smith (77
`Water Street, #2100, New York, NY 10005 , 212-232—1300) to defend Scooby’s Doodles. You have the
`right to accept or reject our offer to defend under Reservation of Rights. Please contact me
`immediately if you elect to reject our offer.
`
`in your responsibilities to this