`FILED: ERIE COUNTY CLERK 09m2019 10:47 ‘
`
`NYSCEF DOC. NO.
`4
`NYSCEF DOC. NO. 4
`
`INDEX NO. 810588/2019
`INDEX NO- 810588/2019
`
`
`
`
`
`R<.C«.IV«.D \IYSCEF: 09/04/2019
`RECEIVED NYSCEF: 09/04/2019
`
`
`
`At a Special Term of the Supreme Court
`of the State of New York held in and for
`the County of Erie, New York on the L,
`day of
`scwrewla’c—r:—
`,2019.
`
`PRESENT: HONW, J-S-C-
`
`SUPREME COURT OF THE STATE OF NEW YORK
`
`COUNTY OF ERIE
`__________________________________________________________________________ X
`
`ERIE INSURANCE COMPANY,
`
`-against-
`
`PADDOCK CHEVROLET, |NC.,
`
`Petitioner,
`
`ORDER TO SHOW CAUSE
`
`Index No.: ‘5 IOOgg/JOI?
`
`__________________________________________________________________________ X
`
`Respondent.
`
`Upon the pleadings heretofore filed and had herein and upon reading and
`
`filing the annexed Petition of ERIE INSURANCE COMPANY (“Erie Insurance”),
`
`it
`
`is
`
`hereby:
`
`ORDERED,
`
`that
`
`respondent, PADDOCK CHEVROLET,
`
`IMO,
`
`(“the
`
`respondent”) show cause at a Motion Term, Part (1% of this Court to be held in and
`for the County of Erie, at the Supreme Court, on the.°L.°Lgr':1yi ofW, 2019
`at
`fig oclock in the‘
`of that day or as soon thereafter as counsel
`
`can be heard, why an ord
`
`should not be made pursuant to Vehicle & Traffic Law §
`
`416-b(3)(b) and CPLR §3102 (c), ordering the respondent as follows:
`
`a)
`
`that the respondent preserve the information/data contained in the
`2017 Chevrolet Traverse, VIN # 1GNKVFED5HJ288555, Event Data
`Recorder and/or Sensing Diagnostic Module until such time as Erie
`Insurance is able to inspect the vehicle and acquire and/or image the
`information/data contained in the same; and
`
`_1_
`lon
`1 of 2
`
`
`
`FILED: ERIE COUNTY CLERK 09/04/2019 10:47 AM
`FILED: ERIE COUNTY CLERK 09m2019 10:47 ‘
`
`NYSCEF DOC. NO.
`4
`NYSCEF DOC. NO. 4
`
`10588/2019
`INDEX NO. 810588/2019
`INDEX NO'
`8
`
`
`
`
`
`RfiCfiIVfiD VYSCEF:
`09/04/2019
`RECEIVED NYSCEF: 09/04/2019
`
`
`
`b)
`
`the respondent produce the subject vehicle, and the 2017
`that
`Chevrolet Traverse, VIN #
`16NKVFED5HJ288555 Event Data
`Recorder and/or Sensing Diagnostic Module, at a mutually convenient
`time (not later than 30 days from the date of the court’s order) and
`location, and permit Erie Insurance to acquire and/or
`image the
`information/data contained in the same.
`
`Let
`
`the papers upon
`
`service of a copy of this order to show cause together with cepies of
`it!
`which it was granted, to the respondent, on or before the 6 day of
`
`@_, 2019, be deemed good and sufficient service. An affidavit or other PFOOf
`
`of service shall be presented to this Court on or before the return date directed in this
`
`Order.
`
`.--;;y
`day of ng‘fém6eé, 2019.
`Signed this 9
`
`
`
`
`
`Entered:
`
`2 of 2
`2 of 2
`
`
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