Avraham Gold, et al., Respondents,v.New York Life Insurance Co., et al., Appellants.BriefN.Y.October 10, 2018> 1y r LAW OFFICES OF SANFORD F. YOUNG, P.C. 225 BROADWAY- Suite 2008 NEW YORK, NEW YORK 10007 TEL: 212.227.9755 FAX: 212.732.4157 www.nylitigator.com 1 SANFORD F. YOUNG (Admitted in NY, NJ & PA) SYoung@SFYLAW.com In New Jers SANFORD F. YOU 89 Headquarters Plaza North-1449 Morristown, New Jersey 07960 TEL: 973-285-0205 FAX: 973-285-0206 ey: NG, ESQ. PARALEGALS: JACLYN L. SHULMAN BARBARA COHEN July 23, 2018 Via Fed Ex Ground New York State Court of Appeals Attn: John P. Asiello, Esq., Chief Clerk & Legal Counsel 20 Eagle Street Albany, New York 12207-1095 Avraham Gold, et aL v. New York Life Insurance Co., et ai Supreme Court, N.Y. Co. Index No. 653923/12 APL-2017-00172 Re: Dear Honorable Court: The undersigned is appellate counsel for Plaintiffs-Respondents, on whose behalf we are submitting this letter as our response to Defendants-Appellants’ July 11,2018 submission pursuant to 22 NYCRR §500.11. Plaintiffs submit that this Court should reverse the First Department’s order denying New York Life’s motion to compel individual arbitration of Kartal’s claims solely based upon the reasons set forth in the recent United States Supreme Court decision in Epic Systems Corp. v. Lewis, 138 S.Ct. 1612 (2018). In Epic, the Supreme Court, inter alia,reversed the Seventh Circuit decision that constituted the primary legal authority upon which the First Department based its decision. Defendants’ unnecessarily lengthy and argumentative submission, which seeks to rehash and characterize various facts and issues in this litigation, many of which may still be subject to dispute concerning other claims pending in this action, risks unnecessarily drawing this Court into characterizing contentious issues, thereby creating undue confusion. Accordingly, unless requested to do so, we will not burden the Court with any further discussion of these points. If there are any questions or concerns, please do not hesitate to call the undersigned. Thank you for your consideration. SANFORD F. YOUNG, ESQ. New York State Court of Appeals July 23, 2018 Page 2 Respectfully Sanford. 01 cc: Sean P. Lynch, Esq. (via email to sean.lynch@morganlewis.com) John Halebian, Esq. (via email to jhalebian@lshllp.com) AFFIDAVIT OF SERVICE STATE OF NEW YORK, COUNTY OF NEW YORK JACLYN SHULMAN, being duly sworn, deposes and says: I am over 18 years of age, not a party to this action, and reside in the County of New York, State of New York. I am not related to any party in this action. On July 23, 2018 I served one copy of a Plaintiffs-Respondent’s Submission pursuant to 22 NYCRR §500.11 via pre-paid Fed-Ex Ground upon: MORGAN LEWIS Attorneys for Defendants-Appellants New York Life, et al. 502 Carnegie Center Princeton, New Jersey 08540-6241 A courtesy copy was also emailed t(yÿsean>lvnch@morganlewis.com. rYNÿmjCMAN Sworn to before me this 23rd day ofJuly, 2018. Notary Public