Country-Wide Ins. Co. v Fernandez

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Country-Wide Ins. Co. v Fernandez 2020 NY Slip Op 34513(U) May 28, 2020 Supreme Court, New York County Docket Number: 650253/2020 Judge: Debra A. James 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] INDEX NO. 650253/2020 NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 06/04/2021 File No.: l9CWIOI076J/000346l l l-001 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------X COUNTRY-WIDE INSURANCE COMPANY Index No.: 650253/2020 Plaintiff, - against - JUDGMENT JOSHUA D. FERNANDEZ ("Eligible Injured Party Defendant"), AND NEW AGE MEDICAL, PC, ADVANCED ORTHOPEDICS AND JOINT PRESERVATION PC, WEI DAO ACUPUNCTURE, P.C., BROOKLYN MEDICAL PRACTICE, PC, NORTH SHORE FAMILY CHIROPRACTIC, P.C., UNICORN ACUPUNCTURE, P.C., CORRECT ALIGN CHIROPRACTIC, PC, LINDEN WEST MEDICAL, PC, GOOD SPACE ACUPUNCTURE, P.C., MONTEFrORE MEDICAL CENTER, MMC FACULTY PRACTICE, ADV AN CED ROCKLAND CHIROPRACTIC OFFICES, P.C., GOLDEN HEALTH CARE CHIROPRACTIC, MEDAID RADIOLOGY LLC, PMK ACUPUNCTURE, PC, ANI KALFAYAN, MD, LUMAX, INC., WHITE TIGER PHYSICAL THERAPY, P.C., and MRK ACUPUNCTURE, P.C. (" Medical Provider Defendants"). Defendant(s). --------------------------------------------------------------------X JAMES. HON. _ _ -DEBRA-A: ______ _ _ _ _ , J.S.C This case arises from an automobile accident on July 28, 2019 where defendant JOSHUA D. FERNANDEZ was involved in a motor vehicle accident while allegedly in a vehicle insured File No: I9CWI010761/000346111-001 1 2 of 5 [* 2] INDEX NO. 650253/2020 NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 06/04/2021 by plaintiff, Country-Wide Insurance Company ("Plaintiff'), Defendant made a claim to Plaintiff as a purported injured person under as insurance policy issued by Plaintiff ( CS41 JI 781 19 ). Plaintiff commenced an action on or about January 13, 2020, by the filing of a Summons and Complaint seeking a declaratory judgment against JOSHUA D. FERNANDEZ, NEW AGE ' i MEDICAL, PC, ADVANCED ORTHOPEDICS AND JOINT PRESERVATION PC, WEI DAO ACUPUNCTURE, P.C., BROOKLYN MEDICAL PRACTICE, PC, NOR'rn SHORE FAMILY CHIROPRACTIC, P,C,, UNICORN ACUPUNCTURE, P.C,, CORRECTALIGN CHIROPRACTIC, PC, LINDEN WEST MEDICAL, PC, GOOD SPACE ACUPUNCTURE, P,C., MOl\'TEFIORE MEDICAL CENTER, MMC FACULTY PRACTICE, ADVANCED ROCKLAND CHIROPRACTIC OFFICES, P.C., GOLDEN HEALTH CARE CHIROPRACTIC, MEDAID RADIOLOGY LLC, PMK ACUPUNCTURE, PC, ANI KALFAYAN, Ml\ LUMAX, ,, INC., WHITE TIGER PHYSICAL THERAPY, P,C., and MRK ACt:PUNCTURE, P.C, due to the alleged breach of contract by JOSHUA D. FERNANDEZ in failing to appear for a properly requested and scheduled Examination Under Oath. Plaintiff seeks a declaration that JOSHUA D. FERNANDEZ is not an eligible injured person entitled to no-fault benefits under the Policy, and that Plaintiff is not obligated to reimburse JOSHUA D. FERNANDEZ for alleged medical treatment, therapy and/or medical supplies rendered. Plaintiff voluntarily discontinued this action against medical providers, ADV ANCED ROCKLAND CHIROPRACTIC OFFICES, P.C., MONTEFIORE MEDICAL CENTER, MMC FACULTY PRACTICE, GOLDEN HEALTH CARE CHIROPRACTIC, MEDAID RADIOLOGY LLC, PMK ACUPUNCTURE, PC, ANI KALFAYAN, MD, LUMAX, INC, WHITE TIGER PHYSICAL THERAPY, P.C., and MRK ACUPUNCTURE, P.C. Notices detailing the discontinuances were filed with the court. File No: 19CWI0!0761/000346l ll-001 2 3 of 5 [* 3] INDEX NO. 650253/2020 NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 06/04/2021 Plaintiff now moves for a default judgment pursuant to CPLR § 3215 against, JOSHUA D. FERNANDEZ, NEW AGE MEDICAL, PC, ADVANCED ORTHOPEDICS AND JOINT PRESERVATION PC, WEI DAO ACUPUNCTURE, P.C., BROOKLYN MEDICAL PRACTICE, PC, NORTH SHORE FAMILY CHIROPRACTIC, P.C., UNICORN ACUPUNCTURE. P.C., CORRECTALIGN CHIROPRACTIC, PC, LINDEN WEST MEDICAL, PC, and GOOD SPACE ACUPUNCTURE, P.C. No opposition is submitted. Plaintiff submits affidavits of service showing service upon JOSHUA D. FERNANDEZ on January 30, 2020 and the Medical Provider Defendants on February 3, 2020. Plaintiff submits the affidavit of Jessica Mena-Sibrian, who is employed as a No~fault litigation/Arbitration Supervisor and the affidavit of Annie Persaud, the EUO Clerk at Country-Wide Insurance Company, in support of Plaintiff's motion for default judgment. WHEREFORE, it is hereby, ORDERED that Plaintiff's motion for default judgment against, JOSHUA D. FERNANDEZ. NEW AGE MEDICAL, PC, ADVANCED ORTHOPEDICS AND JOINT PRESERVATION PC, WEI DAO· ACUPUNCTURE, P.C., BROOKLYN MEDICAL PRACTICE, PC. NORTH SHORE FAMILY CHIROPRACTIC, P.C., UNICORN ACUPUNCTURE, P.C., CORRECTALIGN CHIROPRACTIC, PC. LINDEN WEST MEDICAL, PC, and GOOD SPACE ACUPUNCTURE, P.C., is granted; and it is further, ORDERED and ADJUDGED that on the first cause of action Plaintiff owes no duty to Defendants, JOSHUA D. FERNANDEZ. NEW AGE MEDICAL, Pc,· ADVANCED ORTHOPEDICS AND JOINT PRESERVATION PC, WEI DAO ACUPUNCTURE, P.C., BROOKLYN MEDICAL PRACTICE, PC, NORTH SHORE FAMILY CHIROPRACTIC, P.C., UNICORN ACUPUNCTURE, P.C., CORRECTALIGN CHIROPRACTIC, PC, LINDEN WEST 4 of 5 Filr, Nn· 1QC'WTOW761 /000146111-001 [* 4] INDEX NO. 650253/2020 NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 06/04/2021 MEDICAL, PC, and GOOD SPACE ACUPUNCTURE, P.C., to pay No-Fault claims submitted. in relation to the July 28, 2019 loss, Claim No.: 000346111-001, Policy.: CS4111781 19, referenced in the complaint involving JOSHUA D. FERNANDEZ, and it is further, ORDERED and ADJUDGED that on th_e second cause of action that all arbitrations, lawsuits and enforcement of awards or judgments in connection with the July 28, 2019 loss, Claim No.: 000346111-001, Policy.: CS41 l 1781 19, referenced in the complaint involving JOSHUA D. FERNANDEZ are hereby permanently stayed. This constitutes the decision and order of the court. The County Clerk is directed to enter Judgment accordingly. Dated: MAY 2 8 202\;. _ _ _J .s)': .. - DEBRA A. JAMES File No: 19CWI010761/000346111-001 4 5 of 5

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