Global Liberty Ins. Co. of N.Y. v Laurenceau

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Global Liberty Ins. Co. of N.Y. v Laurenceau 2017 NY Slip Op 32780(U) December 20, 2017 Supreme Court, Bronx County Docket Number: 300062/15 Judge: Wilma Guzman Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. [* 1] SUPREME COURT OF THE CITY OF NEW YORK COUNTY OF BRONX IA PART 7 Index No. 300062/15 Motion Calendar No 12,Jfo Motion Date: 09-11- GLOBAL LIBERTY INSURANCE COMPANY OF NEW YORK, Plaintiff( s), DECISION/ ORDER -against- Present: Hon. Wilma Guzman GABRIEL LAURENCEAU, DAVIS J. ROLAND, SHAD AYA BLAND, PEBBLES BRANCH, CLIFFORD ANDRE, JAMES MARCEL, RULX M. JOSEPH, GREGORY JEAN-MICHAEL, WILFRED LOZANDIER, DAMADIAN MRI IN CANARSIE, P.C., DHD MEDICAL P.C., HOWARD M. ROMBOM, PH.D.P.C., KINGS COUNTY HOSPITAL CENTER ADV ANT AGE RADIOLOGY, P.C. HEALTH ACME ACUPUNCTURE, P.C. KINGS COUNTY PHYSICIANS, PLLC, LONGEVITY MEDICAL SUPPLY, INC., NICOLA ROSELLI, OT, DAILY MEDICAL EQUIPMENT DISTRIBUTION CENTER, INC., JAMAICA WELLNESS MEDICAL, P.C., LVOV ACUPUNCTURE, P.C., OMEGA DIAGNOSTIC IMAGING, P.C. QUEENS MEDICAL & DIAGNOSTIC SERVICES, P.C. STAND-UP MRI OF BROOKLYN, P.C. PUGSLEY MEDICAL CARE, P.C. QUEENS MEDICAL & DIAGNOSTIC SERVICES, SPARTAN MEDICAL SUPPLY, CORP., AXIAL CHIROPRACTIC, P.C. A.C. MEDICAL, P.C. ARISDOV MEDICAL, P.C. ANDREW DOWD, M.D. HARMONY ANESTHESIOLOGY, P.C. Defendant( s). Recitation, as required by CPLR 2219(a), of the papers considered in the review of this Motion to: For Amend Pleadings. [* 2] Papers Numbered Notice of Motion and Affidavits Annexed ............................. . Exhibits ..................................................................................... . Other: ........................................................................................ . Upon the .foregoing papers, the Decision/Order on this Motion is as .follows: Plaintiffs motion for leave to amend the Summons and Complaint to include the Proposed Impleaded Defendants, Queens Surgi Center and Forrest Hills Medical, P.C., heretofore granted on default. Plaintiff has demonstrated a basis for impleading said defendants will not prejudice by the amendment and it appears that the amendment is not devoid of merit. See Household Finance Corp. v. Etesyatse, 25 Misc.3d 134(A) (2nd Dept. 2009). Plaintiffs motion, pursuant CPLR §2201, to stay any and all arbitrations involving the Proposed lmpleaded Defendants Queens Surgi Center and Forrest Hills Medical, P.C., as respective assignees of the Providee Defendants, Gabriel Laurenceau, Davis J. Roland, Shadaya Bland, Pebbles Branch, Clifford Andre, JAMES Marcel, Rulx M. Joseph, Gregory Jean-Michel, Wilfred Lozandier and Arisdov Medical, P.C., that are pending before an arbital forum and any and all litigation involving defendants which are pending in any Court of competent jurisdiction, is heretofore denied. This Court cannot "stay" an arbitration pursuant CPLR §2201. Pursuant to CPLR §2201, this Court can only grant a stay on an action or proceeding before it. Therefore, that application is denied in it's entirety. Plaintiffs motion, pursuant CPLR §7503(b), for an Order staying any and all arbitrations between the Proposed Impleaded Defendants, Queens Surgi Center and Forrest Hills Medical, P.C., as respective assignees of the Providee Defendants Gabriel Laurenceau, Davis J. Roland, Shadaya Bland, Pebbles Branch, Clifford Andre, James Marcel, Rulx M. Joseph, Gregory Jean-Michel, Wilfred Lozandier and Arisdov Medical, P.C., is heretofore granted on default. "The party seeking a stay of arbitration has the burden of showing the existence of sufficient evidentiary facts as to stablish a preliminary issue which justify the stay." Matter of American Protection Ins. Co v. Defalco, 61 A.D.3d 970 (2nd Dept. 2009). Plaintiff has set forth sufficient evidentiary facts to demonstrate that the Providee Defendants may have violated a condition precedent to coverage, to wit, whether the accident was intentional. As such, this Court shall grant a temporary stay on all arbitrations between the Proposed Impleaded Defendant as respective assignees of the Providee Defendants that are pending before an arbital forum until such time as the condition precedent to coverage is determine. Plaintiffs motion, pursuant to CPLR §6311, granting plaintiff a preliminary injunction, [* 3] enjoining Queens Surgi Center and Forrest Hills Medical, P.C., Davis J. Roland, Shadaya Bland, Pebbles Branch, Clifford Andre, James Marcel, Rulx M. Joseph, Gregory Jean-Michel, Wilfred Lozandier, from commencing, prosecuting or proceeding on any arbitrations or, commencing, prosecuting or proceeding on any lawsuits pending in any Court of competent jurisdiction, pending the outcome and determination of this action, is heretofore granted on default as to Queens Surgi Center and Forrest Hills Medical, P.C., as assigned of defendants and Davis J. Roland, Shadaya Bland, Pebbles Branch, Clifford Andre, JAMES Marcel, Rulx M. Joseph, Gregory Jean-Michel, Wilfred Lozandier. is granted on default. Accordingly, it is ORDERED that plaintiff's motion, pursuant to CPLR § 1003, for leave to amend the summons and complaint to include the impleaded defendants, Queens Surgi Center and Forrest Hills Medical, P.C., is heretofore granted on default. It is further ORDERED that plaintiffs motion, pursuant to CPLR §2201, to stay any and all arbitrations involving the Proposed lmplead Defendants, Queens Surgi Center and Forrest Hills Medical, P.C., as respective assignees of the Providee Defendants that are pending before an arbital forum and any and all litigation involving defendants which are pending in any Court of competent jurisdiction, is hereto denied. It is further ORDERED that plaintiffs motion, pursuant to CPLR§ 7503(b), for an Order staying any and all arbitrations between Queens Surgi Center and Forrest Hills Medical, P.C., as respective assignees of the Providee defendants, is heretofore granted on default. It is further ORDERED that plaintiffs motion, pursuant to CPLR §6311, granting plaintiff a preliminary injunction, enjoining Queens Surgi Center, Forrest Hills Medical, P.C., and Davis J. Roland, Shadaya Bland, Pebbles Branch, Clifford Andre, JAMES Marcel, Rulx M. Joseph, Gregory Jean-Michel, Wilfred Lozandier from commencing, prosecuting or proceeding on any lawsuits pending i~j/y' Court of competent jurisdiction, pending the outcome and determination of this action, is heretofore granted on default. It is further ORDERED that plaintiff shall serve a copy of this Order with Notice of Entry within Thirty (30) days of entry of this Order. [* 4] Pebbles Branch, Clifford Andre, James Marcel, Rulx M. Joseph, Gregory Jean-Michel, Wilfred Lozandier, from commencing, prosecuting or proceeding on any arbitrations or, commencing, prosecuting or proceeding on any lawsuits pending in any Court of competent jurisdiction, pending the outcome and determination of this action, is heretofore granted on default as to Queens Surgi Center and Forrest Hills Medical, P.C., as assigned of defendants and Davis J. Roland, Shadaya Bland, Pebbles Branch, Clifford Andre, JAMES Marcel, Rulx M. Joseph, Gregory Jean-Michel, Wilfred Lozandier. is granted on default. Accordingly, it is ORDERED that plaintiffs motion, pursuant to CPLR §1003, for leave to amend the summons and complaint to include the impleaded defendants, Queens Surgi Center and Forrest Hills Medical, P.C., is heretofore granted on default. It is further ORDERED that plaintiffs motion, pursuant to CPLR §2201, to stay any and all arbitrations involving the Proposed lmplead Defendants, Queens Surgi Center and Forrest Hills Medical, P.C., as respective assignees of the Providee Defendants that are pending before an arbital forum and any and all litigation involving defendants which are pending in any Court of competent jurisdiction, is hereto denied. It is further ORDERED that plaintiffs motion, pursuant to CPLR§ 7503(b), for an Order staying any and all arbitrations between Queens Surgi Center and Forrest Hills Medical, P.C., as respective assignees of the Pro vi dee defendants, is heretofore granted on default. It is further ORDERED that plaintiffs motion, pursuant to CPLR §6311, granting plaintiff a preliminary injunction, enjoining Queens Surgi Center, Forrest Hills Medical, P.C., and Davis J. Roland, Shadaya Bland, Pebbles Branch, Clifford Andre, JAMES Marcel, Rulx M. Joseph, Gregory Jean-Michel, Wilfred Lozandier from commencing, prosecuting or proceeding on any lawsuits pending in any Court of competent jurisdiction, pending the outcome and determination of this action, is heretofore granted on default. It is further ORDERED that plaintiff shall serve a copy of this Order with Noti Thirty (30) days of entry of this Order. of Entry within This constitutes the decision and order of the Court. ./ HON. fILMA GUZMAN, J.S.C.

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