BZ Chiropractic, P.C. v Allstate Ins. Co.

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BZ Chiropractic, P.C. v Allstate Ins. Co. 2015 NY Slip Op 32978(U) November 16, 2015 Civil Court of the City of New York, Queens County Docket Number: 70935/00 Judge: Terrence C. O'Connor 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. [*FILED: 1] QUEENS COUNTY CLERK 01/31/2019 04:06 PM INDEX NO. 719878/2018 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 01/31/2019 COURT CIVIL QUEENS CITY OF THE COUNTY-Part H.ON. Present: NEW YORK OF 40 TERRENCE C. O'CONNOR NO-FAULT X BZ CHIROPRACTIC, As of TONY Assignee 70935/00 No.: Index P.C. DANCE, Motion Date: Motion No.: 10/28/15 1 Plaintiff, - against- INSURANCE ALLSTATE AND DECISION ORDER COMPANY, Defendant. asrequired Recitation, the petition: 2219 (a), ofthe papers considered by CPLR in the review ofthis PAPERS Motion and other 3 4 Defendant and its assignor, granting the amount plaintiff seeks 2002 year the plus meaning amendment delay, was American Defendant within DANCE. plaintiff sum to the that order a protective for and should entered 65-3.9, be relieved from resulted in an that It is undisputed or about August 11, 2015, Notice Restraining which to be the amount 15, 2001 through August delay contention in the 65.15(h)(4) that of paying due all court prior 11, 2015. proceedings to the to the nearly of the to 2, 2001. of the judgment 1 1 NYC.RR obligation rendered on November 15, 2001. On services judgment opposition an unreasonably the medical summary and purports formerly for 2015. November pursuant of the judgment 5209. Subpoena in July It is defendant's from for without on November which caused regulations. motion an Information costs modification benefits party of plaintiff, 060.57 plaintiff 11 NYCRR first by defendant with of $ 227, interest argues was paid Express accrued of application to CPLR pursuant Plaintiff's in favor of $ 8847.49 amount a total this and order to recover judgment of the judgment to collect ($ 8847.49) action TONY summary served a protective alia, of the judgment, this brought in the Judgment inter discharge plaintiff that it is ordered papers, as follows: seeks, Plaintiff order cited foregoing is decided 5240 2 Sur-Reply...................................................................................................... relief, to CPLR 1 in Opposition............................................................................ Reply............................................................................................................ the Upon NUMBERED -Affidavits......................................................................................... Affirmation dismiss by respondentto motion accrued April fifteen(15) interest. 5, [*FILED: 2] QUEENS COUNTY CLERK 01/31/2019 04:06 PM INDEX NO. 719878/2018 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 01/31/2019 Defendant denies judgment. According with Notice of November was explanation insure is Exhibit upon served offered The "C", of the entry for defendant's E. Judgment for Esq. Neves, and failure was it served attests the to judgments into follow-up with to computer the that of an which place in no system, outcome the Order of on and practices office the Copy counsel), summons the of entry with previous Tusa, that motions Statement the in resulted Esq.(defendants' Robert Edward which motion acknowledges Although to judgment summary Defendant 2001. filed. designed are the plaintiff's to entry 13, was answer of receipt the within proceeding. In plaintiff opposition, practice of law for admits, that it was Ali was It letter not This payable Amos to judgment upon the of the from suspended present Plaintiff's judgment". the attorney of Affirmation (See, to and attorney collect by serving the judgment the afore-mentioned by a sending Notice. "F' Exhibit payable B Z to These Esq.. checks "lost the or in Judgment view to to be of contains and Chiropractic total $ of copies the checks. for other which 8842.49, cancelled (2) is $ 5.00 court finds $ 990.00, of short the has of court's shall relevant law, compound interest knowingly accrue not the June period 19, this almost for time allowing for through defendant's 2015, motion in accordance contentions remaining the while November I, date plaintiff the years. fifteen(15) pass to of that that the compound date the 2005, defendant and finds them to be without academic. determination, defendant's entered from judgment" the the of accrual benefit examined this and collection. seeking court the interest track letter evidence admissible plaintiff Accordingly, is with granted the solely above to the extent: following determination, with along attorney's fees costs. This Dated: defendant's 7852.49, Therefore, defendant The and attempted defendant's $ 2005. 30, track "lost plaintiff that allowed for accrues. received merit plaintiff Restraining Weinberg, inexcusable interest that of unreasonably admittedly is to that November on was attorney amount. Based It notes previous plaintiff's 14.) year and amount the that 2015 10, court in One(1) juncture this Subpoena Information commencing paragraph until June dated this at Esq. Weinberg, year one(1) at that explains constitutes November Jamaica, the 1 6, New decision and order of this court. 2015 Y TERRENCE ork 2 C. O'CONNOR, J.C.C.

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