State Farm Mut. Auto. Ins. Co. v Carewell Physical Therapy, P.C.

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State Farm Mut. Auto. Ins. Co. v Carewell Physical Therapy, P.C. 2019 NY Slip Op 32949(U) October 4, 2019 Supreme Court, New York County Docket Number: 155022/2019 Judge: Shlomo S. Hagler 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] NEW YORK COUNTY CLERK 10/07/2019 09:52 AM NYSCEF DOC. NO. 51 INDEX NO. 155022/2019 RECEIVED NYSCEF: 10/07/2019 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: PART HON. SHLOMO S. HAGLER IAS MOTION 17EFM Justice ---------------------------------------------------------------------------------X STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff, INDEX NO. 155022/2019 MOTION DATE N/A MOTION SEQ. NO. 001 -vCAREWELL PHYSICAL THERAPY, P.C., JK SPINE HEALTH CHIROPRACTIC, P.C., SURGICARE OF BROOKLYN, LLC, SOVERGEIGN MEDICAL MANAGEMENT, LLC, NORTHERN OASIS ACUPUNCTURE, P.C., TRISTATE MULTISPECIALITY MEDICAL SERVICES, P.C., DAVID ISRAEL, M.D., MODERN SERVICES PAIN MANAGEMENT, P.C., MARK MCMAHON, M.D., MONARCH ANESTHESIA OF JERSEY CITY, LLC, MOONLIGHT ACUPUNCTURE, P.C., NEW YORK CENTER FOR SPECIALTY SURGERY, ACCELERATED SURGICAL CENTER OF NEW JERSEY, LLC, COLUMBUS IMAGING CENTER, LLC, MDJ CHIROPRACTIC WELLNESS, P.C., REHAB CARE PHYSICAL THERAPY, P.C., ANDREW DOWD, M.D., PRINCIPLE LABS, LLC, BA2RO, INC., BURKE PHYSICAL THERAPY, P.C., TARGET CHIROPRACTIC, P.C., DANIMARK PHYSICAL THERAPY, P.C., GM WELLNESS MEDICAL, P.C., KHADIJA ROYAL, DAQUAN GAUVIN-MICHIE, ROHAN SAUNDS DECISION + ORDER ON MOTION Defendant. -------------------------------------------------------------------------------X The following e-filed documents, listed by NYSCEF document number (Motion 001) 30, 31, 32, 33, 34, 35, 36, 37, 38, 39,40,41,42,43,44,45,46,47,48,49 ' JUDGMENT - DEFAULT were read on this motion to/for Plaintiff, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY having duly moved this Court for an Order (1) pursuant to CLPR 3215 seeking a default judgment Page 1 of6 155022/2019 Motion No. 001 1 of 6 [*FILED: 2] NEW YORK COUNTY CLERK 10/07/2019 09:52 AM NYSCEF DOC. NO. 51 INDEX NO. 155022/2019 RECEIVED NYSCEF: 10/07/2019 against CAREWELL PHYSICAL THERAPY, P.C., JK SPINE HEALTH CHIROPRACTIC, P.C., SURGICARE OF BROOKLYN, LLC, SOVEREIGN MEDICAL MANAGEMENT, LLC, NORTHERN OASIS ACUPUNCTURE, P.C., TRISTATE MULTI SPECIALITY MEDICAL SERVICES, P.C., DAVID ISRAEL, M.D., MODERN SERVICES PAIN MANAGEMENT, P.C., MARK MCMAHON, M.D., MONARCH ANESTHESIA OF JERSEY CITY, LLC, MOONLIGHT ACUPUNCTURE, P.C., ACCELERATED SURGICAL CENTER OF NEW JERSEY, LLC, MDJ CHIROPRACTIC WELLNESS, P.C., REHAB CARE PHYSICAL THERAPY, P.C., ANDREW DOWD, M.D., PRINCIPLE LABS, LLC, TARGET CHIROPRACTIC, P.C., DANIMARK PHYSICAL THERAPY, P.C., GM WELLNESS MEDICAL, P.C., KHADIJA ROYAL, and ROHAN SAUNDS and (2) to amend the summons and complaint to add AMSC LLC, HAPPY APPLE MEDICAL SERVICES, P.C., CARESOFT LEASING CORP, CROSSTOWN MEDICAL, P.C., DAHU ACUPUNCTURE, P.C., FIFTH AVENUE SURGERY CENTER, IGOR AMIGUD PHYSICIAN, P.C., INSTANT MEDICAL CARE, P.C., KOLB RADIOLOGY, P.C., MASPETH RX, INC., PRC SUPPLIES, RIDGEWOOD DIAGNOSTIC LABORATORY, LLC, RIVERSIDE MEDICAL SERVICES, P.C., SABAS NY SERVICES, INC., TRUE HEALTH PHARMACY, INC, and UNITED PHYSICIANS, PLLC as additional defendants (Motion Sequence 001); UPON reading and filing the Notice of Motion dated August 5, 2019, the Affirmation of Michael Tomsky in support of the motion, duly affirmed on August 5, 2019, and the Affidavit of Merit of Timothy Dacey, duly sworn to on July 8, 2019, all with the exhibits annexed thereto, in support, all with proof of service thereof, and no opposition having been filed, and NOW upon the motion of Rubin, Fiorella, Friedman & Mercante, LLP, attorneys for plaintiff, it is Page 2 of 6 155022/2019 Motion No. 001 2 of 6 [*FILED: 3] NEW YORK COUNTY CLERK 10/07/2019 09:52 AM NYSCEF DOC. NO. 51 INDEX NO. 155022/2019 RECEIVED NYSCEF: 10/07/2019 ORDERED, ADJUDGED AND DECLARED that plaintiffs motion for default judgment is granted and the plaintiff has no duty to pay any No-Fault benefits in the form of sums, monies, damages, awards or benefits CAREWELL PHYSICAL THERAPY, P.C., JK SPINE HEALTH CHIROPRACTIC, P.C., SURGICARE OF BROOKLYN, LLC, SOVEREIGN MEDICAL MANAGEMENT, LLC, NORTHERN OASIS ACUPUNCTURE, P.C., TRISTATE MULTI SPECIALITY MEDICAL SERVICES, P.C., DAVID ISRAEL, M.D., MODERN SERVICES PAIN MANAGEMENT, P.C., MARK MCMAHON, M.D., MONARCH ANESTHESIA OF JERSEY CITY, LLC, MOONLIGHT ACUPUNCTURE, P.C., ACCELERATED SURGICAL CENTER OF NEW JERSEY, LLC, MDJ CHIROPRACTIC WELLNESS, P.C., REHAB CARE PHYSICAL THERAPY, P.C., ANDREW DOWD, M.D., PRINCIPLE LABS, LLC, TARGET CHIROPRACTIC, P.C., DANIMARK PHYSICAL THERAPY, P.C., GM WELLNESS MEDICAL, P.C., KHADIJA ROYAL, and ROHAN SAUNDS their agents, employees, assignees or heirs arising out of any current or future proceeding, including without limitation, arbitrations and lawsuits seeking to recover No-Fault benefits with respect to the collision that occurred on the evening of June 24, 2018 into the morning of June 25, 2018, referenced in the complaint, and referenced by claim number 524694-H72, and it is further ORDERED, ADJUDGED AND DECLARED that all No-Fault lawsuits, arbitrations, awards, and claims filed by CAREWELL PHYSICAL THERAPY, P.C., JK SPINE HEALTH CHIROPRACTIC, P.C., SURGICARE OF BROOKLYN, LLC, SOVEREIGN MEDICAL MANAGEMENT, LLC, NORTHERN OASIS ACUPUNCTURE, P.C., TRISTATE MULTI SPECIALITY MEDICAL SERVICES, P.C., DAVID ISRAEL, M.D., MODERN SERVICES PAIN MANAGEMENT, P.C., MARK MCMAHON, M.D., MONARCH ANESTHESIA OF Page 3 of 6 15502212019 Motion No. 001 3 of 6 [*FILED: 4] NEW YORK COUNTY CLERK 10/07/2019 09:52 AM NYSCEF DOC. NO. 51 INDEX NO. 155022/2019 RECEIVED NYSCEF: 10/07/2019 JERSEY CITY, LLC, MOONLIGHT ACUPUNCTURE, P.C., ACCELERATED SURGICAL CENTER OF NEW JERSEY, LLC, MDJ CHIROPRACTIC WELLNESS, P.C., REHAB CARE PHYSICAL THERAPY, P.C., ANDREW DOWD, M.D., PRINCIPLE LABS, LLC, TARGET CHIROPRACTIC, P.C., DANIMARK PHYSICAL THERAPY, P.C., GM WELLNESS MEDICAL, P.C., KHADIJA ROYAL, and ROHAN SAUNDS arising from the loss that occurred in the night of October 24, 2018 into the morning of October 25, 2018 referenced in the complaint, and referenced by claim number 52-4694-H72 are hereby stayed, and it is further ORDERED that the action shall continue against COLUMBUS IMAGING CENTER, LLC and BURKE PHYSICAL THERAPY, P.C., who have previously answered the summons and complaint and NEW YORK CENTER FOR SPECIALTY SURGERY and DAQUAN GAUVIN-MICHIE who could not be served; and it is further ORDERED that the plaintiffs motion for leave to amend the complaint is granted; and it is further ORDERED that the amended complaint, in the form annexed to the motion papers, shall be deemed served upon service of a copy of this order with notice of entry upon all parties who have appeared in the action; and it is further ORDERED that a supplemental summons and amended complaint, in the form annexed to the motion papers, shall be served, in accordance with the Civil Practice Law and Rules, upon the additional parties in this action within 30 days after service of a copy of this order with notice of entry; and it is further Page4 of 6 15502212019 Motion No. 001 4 of 6 [*FILED: 5] NEW YORK COUNTY CLERK 10/07/2019 09:52 AM NYSCEF DOC. NO. 51 INDEX NO. 155022/2019 RECEIVED NYSCEF: 10/07/2019 ORDERED that the action shall bear the following caption: -------------------------------------------------------------------------------X STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff, -vCAREWELL PHYSICAL THERAPY, P.C., JK SPINE HEALTH CHIROPRACTIC, P.C., SURGICARE OF BROOKLYN, LLC, SOVERGEIGN MEDICAL MANAGEMENT, LLC, NORTHERN OASIS ACUPUNCTURE, P.C., TRISTATE MULTISPECIALITY MEDICAL SERVICES, P.C., DAVID ISRAEL, M.D., MODERN SERVICES PAIN MANAGEMENT, P.C., MARK MCMAHON, M.D., MONARCH ANESTHESIA OF JERSEY CITY, LLC, MOONLIGHT ACUPUNCTURE, P.C., NEW YORK CENTER FOR SPECIALTY SURGERY, ACCELERATED SURGICAL CENTER OF NEW JERSEY, LLC, COLUMBUS IMAGING CENTER, LLC, MDJ CHIROPRACTIC WELLNESS, P.C., REHAB CARE PHYSICAL THERAPY, P.C., ANDREW DOWD, M.D., PRINCIPLE LABS, LLC, BA2RO, INC., BURKE PHYSICAL THERAPY, P.C., TARGET CHIROPRACTIC, P.C., DANIMARK PHYSICAL THERAPY, P.C., GM WELLNESS MEDICAL, P.C., KHADIJA ROYAL, DAQUAN GAUVIN-MICHIE, ROHAN SAUNDS AMSC LLC, HAPPY APPLE MEDICAL SERVICES, P.C., CARESOFT LEASING CORP, CROSSTOWN MEDICAL, P.C., OAHU ACUPUNCTURE, P.C., FIFTH AVENUE SURGERY CENTER, IGOR AMIGUD PHYSICIAN, P.C., INSTANT MEDICAL CARE, P.C., KOLB RADIOLOGY, P.C., MASPETH RX, INC., PRC SUPPLIES, RIDGEWOOD DIAGNOSTIC LABORATORY, LLC, RIVERSIDE MEDICAL SERVICES, P.C., SABAS NY SERVICES, INC., TRUE HEALTH PHARMACY, INC, UNITED PHYSICIANS, PLLC Defendant. -------------------------------------------------------------------------------X And it is further Page 5 of 6 15502212019 Motion No. 001 5 of 6 [*FILED: 6] NEW YORK COUNTY CLERK 10/07/2019 09:52 AM INDEX NO. 155022/2019 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 10/07/2019 ORDERED that counsel for the moving party shall serve a copy of this order with notice of entry upon the County Clerk (60 Centre Street, Room 141B) and the Clerk of the General Clerk's Office (60 Centre Street, Room 119), who are directed to mark the court's records to reflect the parties being added pursuant hereto; and it is further ORDERED that such service upon the County Clerk and the Clerk of the General Clerk's Office shall be made in accordance with the procedures set forth in the Protocol on Courthouse and County Clerk Procedures for Electronically Filed Cases (accessible at the "E-Filing" page on the court's website at the address (ww.nycourts.gov/supctmanh)]. 11 /L/ 10/4/2019 SHLOMO S. HAGLER, J.S.C. DATE CHECK ONE: /' CASE DISPOSED GRANTED NON-FINAL DISPOSITION D DENIED GRANTED IN PART APPLICATION: SETILEORDER SUBMIT ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT D D OTHER REFERENCE Page 6 of 6 155022/2019 Motion No. 001 6 of 6

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