Penn-Star Insurance Company v. BBB Construction, Inc. et al

New York Eastern District Court
Judge:Taryn A Merkl
Case #: 1:25-cv-01364
Nature of Suit110 Contract - Insurance
Cause28:1332 Diversity-Insurance Contract
Case Filed:Mar 10, 2025
Last checked: Friday Apr 25, 2025 5:38 AM EDT
Defendant
2278 Mott Avenue LLC
1038 Dartmouth Lane
Woodmere, NY 11598
Defendant
Azcona, Inc.
100 Merrick Road Suite 400E
Rockville Centre, NY 11570
Defendant
BBB Construction, Inc.
21 Dawson Drive
Valley Stream, NY 11581
Defendant
Carlos Acosta Velazquez
38-30 147th Street
Flushing, NY 11354
Represented By
Linda Simmons
Salerno & Goldberg, PC
contact info
Plaintiff
Penn-Star Insurance Company
Three Bala Plaza East Suite 300
Bala Cynwyd, PA 19004
Represented By
Steven Verveniotis
Miranda Slone Sklarin Verveniotis, LLP
contact info


Docket last updated: 3 hours ago
Tuesday, April 29, 2025
17 17 service Affidavit of Service Tue 04/29 3:47 PM
AFFIDAVIT of Service for April 25, 2025 Order served on BBB Construction, Inc., Azcona, Inc., 2278 Mott Avenue LLC on April 29, 2025, filed by Penn-Star Insurance Company. (Verveniotis, Steven)
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Friday, April 25, 2025
order Order to Answer Status Report Order Fri 04/25 6:04 PM
ORDER: Plaintiff filed the Complaint on 3/10/2025 and filed proof of service on 3/31/2025 and 4/2/2025, indicating that Defendants BBB Construction, Inc., Azcona, Inc., and 2278 Mott Avenue LLC were served on 3/18/2025 via the New York Secretary of State, rendering their answers due 4/8/2025; and Defendant Carlos Acosta Velazquez was served on 3/27/2025, rendering his answer due 4/17/2025. Defendant Velazquez filed an answer16 on 4/23/2025. To date, no either Defendant has answered or otherwise responded to the Complaint. Defendants BBB Construction, Inc., Azcona, Inc., and 2278 Mott Avenue LLC are directed to answer, move, or otherwise respond to the Complaint by 5/16/2025 . Plaintiff is directed to provide a copy of this Order to Defendants BBB Construction, Inc., Azcona, Inc., and 2278 Mott Avenue LLC forthwith and to provide proof of same on ECF by 5/1/2025 . If Defendants BBB Construction, Inc., Azcona, Inc., and 2278 Mott Avenue LLC do not answer or otherwise respond to the Complaint by 5/16/2025, Plaintiff is directed to file a status report advising the Court on the current status of the case and anticipated next steps by 5/23/2025 . Ordered by Magistrate Judge Taryn A. Merkl on 4/25/2025. (ERT)
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Wednesday, April 23, 2025
16 16 answer Answer to Complaint Wed 04/23 11:27 AM
ANSWER to Complaint by Carlos Acosta Velazquez. (Simmons, Linda)
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Thursday, April 03, 2025
15 15 notice Notice of Appearance Thu 04/03 5:10 PM
NOTICE of Appearance by Linda Simmons on behalf of Carlos Acosta Velazquez (aty to be noticed) (Simmons, Linda)
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Wednesday, April 02, 2025
14 14 service Summons Returned Executed Wed 04/02 4:17 PM
SUMMONS Returned Executed by Penn-Star Insurance Company. Carlos Acosta Velazquez served on 3/27/2025, answer due 4/17/2025. (Verveniotis, Steven)
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Monday, March 31, 2025
13 13 service Summons Returned Executed Mon 03/31 1:32 PM
SUMMONS Returned Executed by Penn-Star Insurance Company. 2278 Mott Avenue LLC served on 3/18/2025, answer due 4/8/2025. (Verveniotis, Steven)
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12 12 service Summons Returned Executed Mon 03/31 1:31 PM
SUMMONS Returned Executed by Penn-Star Insurance Company. Azcona, Inc. served on 3/18/2025, answer due 4/8/2025. (Verveniotis, Steven)
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11 11 service Summons Returned Executed Mon 03/31 1:29 PM
SUMMONS Returned Executed by Penn-Star Insurance Company. BBB Construction, Inc. served on 3/18/2025, answer due 4/8/2025. (Verveniotis, Steven)
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Wednesday, March 12, 2025
10 10 service Summons Issued Wed 03/12 4:00 PM
Summons Issued as to 2278 Mott Avenue LLC, Azcona, Inc., BBB Construction, Inc., Carlos Acosta Velazquez. (SG)
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Tuesday, March 11, 2025
9 9 misc Proposed Summons/Civil Cover Sheet Tue 03/11 12:19 PM
Proposed Summons. Re1 Complaint, Quality Control Check - Summons, by Penn-Star Insurance Company (Verveniotis, Steven)
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8 8 misc Quality Control Check - Attorney Case Opening Tue 03/11 11:23 AM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SDM)
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7 7 notice Notice of Opportunity to Consent Tue 03/11 11:22 AM
Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form is also available here:[LINK:https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program.] Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website:[LINK:https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program.] (SDM)
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utility Case Assigned/Reassigned Tue 03/11 11:21 AM
Case Assigned to Magistrate Judge Taryn A. Merkl. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (SDM)
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misc Quality Control Check - Summons Tue 03/11 11:22 AM
Your proposed summons was not issued for one of the following reasons: If multiple defendants, there must me a rider attached to the summons with the name and addresses of all defendants included., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (SDM)
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Monday, March 10, 2025
6 6 misc Proposed Summons/Civil Cover Sheet Mon 03/10 5:15 PM
Proposed Summons. Re1 Complaint, by Penn-Star Insurance Company (Verveniotis, Steven)
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5 5 misc Proposed Summons/Civil Cover Sheet Mon 03/10 5:14 PM
Proposed Summons. Re1 Complaint, by Penn-Star Insurance Company (Verveniotis, Steven)
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4 4 misc Proposed Summons/Civil Cover Sheet Mon 03/10 5:13 PM
Proposed Summons. Re1 Complaint, by Penn-Star Insurance Company (Verveniotis, Steven)
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3 3 misc Proposed Summons/Civil Cover Sheet Mon 03/10 5:11 PM
Proposed Summons. Re1 Complaint, by Penn-Star Insurance Company (Verveniotis, Steven)
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2 2 misc Corporate Disclosure Statement Mon 03/10 4:57 PM
Corporate Disclosure Statement by Penn-Star Insurance Company identifying Other Affiliate United National Group, Other Affiliate United America Insurance Group, Other Affiliate Penn-America Insurance Company, Other Affiliate United National Insurance Company, Other Affiliate Global Indemnity Group, Inc., Other Affiliate Penn-America Group Inc., Other Affiliate Penn-Patriot Insurance Company, Other Affiliate United National Casualty Insurance Company for Penn-Star Insurance Company. (Verveniotis, Steven)
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1 1 cmp Complaint Mon 03/10 4:52 PM
COMPLAINT against 2278 Mott Avenue LLC, Azcona, Inc., BBB Construction, Inc., Carlos Acosta Velazquez filing fee $ 405, receipt number ANYEDC-18839114 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Penn-Star Insurance Company. (Verveniotis, Steven)
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Att: 1 Civil Cover Sheet Civil Cover Sheet