PV Holding Corp. v Needlepoint Acupuncture, P.C.

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PV Holding Corp. v Needlepoint Acupuncture, P.C. 2021 NY Slip Op 30466(U) February 18, 2021 Supreme Court, New York County Docket Number: 162473/2019 Judge: Lyle E. Frank 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 02/18/2021 01:17 P~ NYSCEF DOC. NO. 59 INDEX NO. 162473/2019 RECEIVED NYSCEF: 02/18/2021 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: PART HON. LYLE E. FRANK IAS MOTION 52EFM Justice ----------------------------------------------------------------- ----------------X PV HOLDING CORP. INCLUDING ALL OF ITS SUBSIDIARIES AND AFFILIATES, INCLUDING BUT NOT LIMITED TO AVIS BUDGET, LLC,AVIS CAR RENTAL, LLC,BUDGET CAR RENTAL, LLC,BUDGET TRUCK RENTAL, LLC,PAYLESS CAR RENTAL, INC. AND ZIPCAR, INC., INDEX NO. 162473/2019 MOTION DATE N/A MOTION SEQ. NO. 001 Plaintiff, -vNEEDLEPOINT ACUPUNCTURE, P.C.,NEIGHBORHOOD MEDICAL HEAL TH CARE, P.C.,RIVERSIDE PARK ACUPUNCTURE, P.C.,FOSTER MEDICAL, P.C.,AMERICAN DIAGNOSTIC IMAGING CORP., ARON ROVNER MD, P.L.L.C., SBH PHYSICIANS, P.C.,ACCU REFERENCE MEDICAL LAB LIMITED LIABILITY COMPANY, NYRX PHARMACY, INC.,WESTCHESTER RADIOLOGY & IMAGING, P.C.,QUALITY HEAL TH FAMILY MEDICAL CARE, P.C.,QUALITY MEDICAL & SURGICAL SUPPLIES, L.L.C., ST. BARNABAS HOSPITAL, NEW YORK CITY HEAL TH & HOSPITAL, RICHARD GARCIA MERCADO, YVELISSE BENITEZ HERNANDEZ, VIANNEY BENITEZ HERNANDEZ DECISION + ORDER ON MOTION Defendant. ------------------------------------------------------------------- --------------X The following e-filed documents, listed by NYSCEF document number (Motion 001) 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39,40,41,42,53,54,55,56,57 were read on this motion to/for JUDGMENT - DEFAULT Upon the foregoing documents, the motion for default is granted in part, namely as to the following defendants: FOSTER MEDICAL, P.C., AMERICAN DIAGNOSTIC IMAGING CORP., ARON ROVNER MD, P.L.L.C., SBH PHYSICIANS, P.C., ACCU REFERENCE MEDICAL LAB LIMITED LIABILITY COMPANY, NYRX PHARMACY, INC., WESTCHESTER RADIOLOGY & IMAGING, P.C., QUALITY HEALTH FAMILY MEDICAL CARE, P.C., QUALITY MEDICAL & SURGICAL SUPPLIES, L.L.C. and 162473/2019 Motion No. 001 Page 1 of4 1 of 4 [*[FILED: 2] NEW YORK COUNTY CLERK 02/18/2021 01:17 NYSCEF DOC. NO. 59 INDEX NO. 162473/2019 P~ RECEIVED NYSCEF: 02/18/2021 RICHARD GARCIA MERCADO, without opposition 1. Defendants, NEIGHBORHOOD MEDICAL HEALTH CARE, P.C., NEEDLE POINT ACUPUNCTURE, P.C., and RIVERSIDE PARK ACUPUNCTURE PC, cross-moved to compel acceptance of untimely filed answer. Default judgment for the untimely initial appearance or filing in a matter is appropriate on the basis of prejudice to the plaintiffs. However, as in this instance, when no risk of prejudice exists because of the length of delay and none is in fact shown, public policy strongly favors the meritorious resolution of cases. Thus, the motion for default as to defendants NEIGHBORHOOD MEDICAL HEALTH CARE, P.C., NEEDLE POINT ACUPUNCTURE, P.C., and RIVERSIDE PARK ACUPUNCTURE PC, is denied and the cross-motion granted. In support of the motion, plaintiff annexes proof of service of the summons and verified complaint, the plaintiff's affidavit of merit and military search. Plaintiff commenced this action for a judgment declaring that it owes no duty to pay any No-Fault benefits arising out of an alleged motor vehicle accident which occurred on June 18, 2019. An application for a default judgment must be supported by either an affidavit of facts made by one with personal knowledge of the facts surrounding the claim or a complaint verified by a person with actual knowledge of the facts surrounding the claim. Zelnick v Biderman Industries US.A., Inc., 242 AD2d 227 [1st Dept 1997]; Hazim v Winter, 234 AD2d 422 [2d Dept 1996]. Plaintiff has demonstrated that on January 10, 2020 the summons and verified complaint was duly served upon, RICHARD GARCIA MERCADO, and on January 17, 2020 FOSTER MEDICAL, P.C., AMERICAN DIAGNOSTIC IMAGING CORP., ARON ROVNER MD, 1 Since the filing of the motion, the motion has been withdrawn as to defendants Yvelisse Benitez Hernandez and Vianney Benitez Hernandez, and all claims discontinued as to St. Barnabas Hospital. See NYSCEF Docs. 41 and 4 3. 162473/2019 Motion No. 001 Page 2 of 4 2 of 4 [*[FILED: 3] NEW YORK COUNTY CLERK 02/18/2021 01:17 PM] NYSCEF DOC. NO. 59 INDEX NO. 162473/2019 RECEIVED NYSCEF: 02/18/2021 P.L.L.C., SBH PHYSICIANS, P.C., ACCU REFERENCE MEDICAL LAB LIMITED LIABILITY COMPANY, NYRX PHARMACY, INC., WESTCHESTER RADIOLOGY & IMAGING, P.C., QUALITY HEALTH FAMILY MEDICAL CARE, P.C., and QUALITY MEDICAL & SURGICAL SUPPLIES, L.L.C. were duly served. To date, FOSTER MEDICAL, P.C., AMERICAN DIAGNOSTIC IMAGING CORP., ARON ROVNER MD, P.L.L.C., SBH PHYSICIANS, P.C., ACCU REFERENCE MEDICAL LAB LIMITED LIABILITY COMPANY, NYRX PHARMACY, INC., WESTCHESTER RADIOLOGY & IMAGING, P.C., QUALITY HEALTH FAMILY MEDICAL CARE, P.C., QUALITY MEDICAL & SURGICAL SUPPLIES, L.L.C., and RICHARD GARCIA MERCADO have failed to answer, appear, or obtain an order from the court extending its time to do so, and the time to answer or otherwise appear has expired. Pursuant to CPLR 32I5, plaintiff has demonstrated that FOSTER MEDICAL, P.C., AMERICAN DIAGNOSTIC IMAGING CORP., ARON ROVNER MD, P.L.L.C., SBH PHYSICIANS, P.C., ACCU REFERENCE MEDICAL LAB LIMITED LIABILITY COMPANY, NYRX PHARMACY, INC., WESTCHESTER RADIOLOGY & IMAGING, P.C., QUALITY HEALTH FAMILY MEDICAL CARE, P.C., QUALITY MEDICAL & SURGICAL SUPPLIES, L.L.C., and RICHARD GARCIA MERCADO were properly served with the summons and complaint, that FOSTER MEDICAL, P.C., AMERICAN DIAGNOSTIC IMAGING CORP., ARON ROVNER MD, P.L.L.C., SBH PHYSICIANS, P.C., ACCU REFERENCE MEDICAL LAB LIMITED LIABILITY COMPANY, NYRX PHARMACY, INC., WESTCHESTER RADIOLOGY & IMAGING, P.C., QUALITY HEALTH FAMILY MEDICAL CARE, P.C., QUALITY MEDICAL & SURGICAL SUPPLIES, L.L.C., and RICHARD GARCIA 162473/2019 Motion No. 001 Page 3 of 4 3 of 4 [*!FILED: 4] NEW YORK COUNTY CLERK 02/18/2021 01:17 PMI NYSCEF DOC. NO. 59 INDEX NO. 162473/2019 RECEIVED NYSCEF: 02/18/2021 MERCADO, failed to answer or appear in this action, that the time to do so has long since passed, and that American Transit's claims are meritorious. Accordingly, it is hereby ADJUDGED and DECLARED that plaintiff is entitled to declaratory judgment that there 1s no no-fault coverage for benefits claimed by defendants FOSTER MEDICAL, P.C., AMERICAN DIAGNOSTIC IMAGING CORP., ARON ROVNER MD, P.L.L.C., SBH PHYSICIANS, P .C., ACCU REFERENCE MEDICAL LAB LIMITED LIABILITY COMPANY, NYRX PHARMACY, INC., WESTCHESTER RADIOLOGY & IMAGING, P.C., QUALITY HEALTH FAMILY MEDICAL CARE, P.C., QUALITY MEDICAL & SURGICAL SUPPLIES, L.L.C. and RICHARD GARCIA MERCADO, for the motor vehicle accident that occurred on June 18, 2019; and it is further ORDERED that the balance of the action is severed and continued. 2/18/2021 DATE CHECK ONE: APPLICATION: CHECK IF APPROPRIATE: LYLE E. FRANK, J.S.C. ~ CASE DISPOSED GRANTED D NON-FINAL DISPOSITION DENIED GRANTED IN PART SETTLE ORDER SUBMIT ORDER INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT 162473/2019 Motion No. 001 D D OTHER REFERENCE Page4 of 4 4 of 4

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