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SMITH MAZUR OC#:
AT T OR N E Y SAT L 1\ W -----+
• DATE FILED:
Smith M:azw:e Ditector W.tlkins Young & Yagermanii.;p;e.:::::::::::::::::::::~~tEgl::!=~:::::::=li
Long Island Office: New Jersey Office:
200 Old Counc:y Road, Suite 435 111 John StIeet 92 East Main Street, Suite 402
Mineola,. New York 11501 New York,. New York 10038-3198 SomeMlJe, New Jersey 08876
(Sl6) 414-7400 (212) 964-7400 (908) 393.7300
(516) 294-7325 Fax Fax (212) 374-1935 Fax (908) 231~10.30
800~RED. ~~ ~~;;
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Southern District ofnew york
This office represents Plaintiffs Senior Living Options, Inc. and Melrose Avenue Associates,
L.P. in the above captioned matter. We have conferred with counsel for Defendant Illinois Union
Insurance Company on this date and write to Your Honor at this time to request a short adjournment
oftbe April 26, 2011 conference. We have the consent oflLlinois Union to an adjournment ofthe
conference. On this date, Hon 1. Gardephe Clerk Michael Ruocco advised that the court has an
opening on its schedule for June 6, 2011 at 2:30 pm. That time is acceptable to both plaintiffs and
defendant.
The reason for this request is in tne interests of efficiency. This is a declaratory judgment
action in which Senior Living Options, Inc. and Melrose Avenue Associates, L.P. seek defense and
indemnification from Diinois Union as additional insureds on the policy ofinsurance issued to Joy
Construction which was in effect on the date of loss. January 18, 2006 at issue in the legal action
entitled Baye Nyaide v Joy Construction Corp. and Senior Living Options, Inc., in the Supreme
Court, State ofNew York COUllty ofBrom, under index number 30 I405/07. Joy Construction, the
named insured on the IJIinois Union insurance policy at issue in this case, has commenced a separate
declaratory a.ction against Illinois Union, and counsel Michael Mruzes has advised that they are
awaiting an answer thereto.
Case 1:11-cv-01791-PGG Document 8 Filed 04/13/11 Page 2 of 2
Page 2
April 12. 2011
It is our belief that consolidation with that action with this one is imminent such that joint
discovery-would reasonably proceed atthat juncture. By cowtesy copy, counsel for Joy Construction
is advised of this request.
Respectfully submitted)
}(aftUeen~.~czor
Senior Associate
Hodgson Russ LLP .1:'
140PeadStieit;Suite 100
tel: 716.848.1345
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2027 WilliamsbridgeRoad
Bronx, NY 10461-1630
(718) 823-4000
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