Country-Wide Ins. Co. v Sanchez

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Country-Wide Ins. Co. v Sanchez 2021 NY Slip Op 31735(U) May 20, 2021 Supreme Court, New York County Docket Number: 650321/2020 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. [*FILED: 1] NEW YORK COUNTY CLERK 05/21/2021 03:46 PM NYSCEF DOC. NO. 67 INDEX NO. 650321/2020 RECEIVED NYSCEF: 05/21/2021 File No.: 20CWI000068/000337702-00J SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------------------X COUNTRY-WIDE INSURANCE COMPANY Index No.: 650321/2020 Plaintiff, - against - Judgment ORLANDO SANCHEZ (Eligible Injured Party Defendant"), And METROPOLITAN MEDICAL & SURGICAL PC NEW SENSE ACUPUNCTURE PC NARRA CHIROPRACTIC PC ADVANCED SPINAL CARE REHABILITATION PA HEALTHPLUS SURGERY CENTER, LLC RAPID IMAGING CORP. SPINAL HEALTH CHIROPRACTIC, P.C. ROBERT P. LUCA DC HUDSON REGIONAL HOSPITAL PREMIER ANESTHESIA ASSOCIATES NEW YORK CORE CHIROPRACTIC PC SUTPHIN SUPPLY INC and CONEY ISLAND PSYCHOLOGY PC ("Medical Provider Defendants"). Defendant(s). --------------------------------------------------------------------X DEBRA A. JAMES HON. ,J.S.C This case arises from an automobile accident on June 6, 2018 where defendant ORLANDO SANCHEZ was involved in a motor vehicle accident while allegedly in a vehicle insured 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 (RT 7089757 18). ' '/ 3 of 9 [*FILED: 2] NEW YORK COUNTY CLERK 05/21/2021 03:46 PM NYSCEF DOC. NO. 67 INDEX NO. 650321/2020 RECEIVED NYSCEF: 05/21/2021 Plaintiff commenced an action on or about January 15, 2020, by the filing of a Summons and Complaint seeking a declaratory judgment against ORLANDO SANCHEZ, METROPOLITAN MEDICAL & SURGICAL PC, NEW SENSE ACUPUNCTURE PC, NARRA CHIROPRACTIC PC, ADVANCED SPINAL CARE REHABIL!TA TION PA, HEALTHPLUS SURGERY CENTER, LLC, RAPID IMAGING CORP., SPINAL HEALTH CHIROPRACTIC, P.C., ROBERT P. LUCA DC, HUDSON REGIONAL HOSPITAL, PREMJER ANESTHESIA ASSOCIATES, NEW YORK CORE CHIROPRACTIC PC, SUTPHIN SUPPLY INC, and CONEY ISLAND PSYCHOLOGY PC, due to the alleged breach of contract by ORLANDO SANCHEZ in failing to appear for a properly requested and scheduled Independent Medical Examination. Plaintiff seeks a declarati.on that ORLANDO SANCHEZ is not an eligible injured person entitled to no-fault benefits under the Policy, and that Plaintiff is not obligated to reimburse ORLANDO SANCHEZ for alleged medical treatment, therapy and/or medical supplies rendered. Plaintiff now moves for a default judgment pursuant to CPLR § 3215 against, ORLANDO SANCHEZ, METROPOLITAN MEDICAL & SURGICAL PC, NARRA CHIROPRACTIC PC, ADVANCED SPINAL CARE REHABILITATION PA, HEALTHPLUS SURGERY CENTER, LLC, SPINAL HEALTH CHIROPRACTIC, P.C., ROBERT P. LUCA DC, HUDSON REGIONAL HOSPITAL, PREMIER ANESTHESIA ASSOCIATES, NEW YORK CORE CHIROPRACTIC PC, SUTPHIN SUPPLY INC, and CONEY ISLAND PSYCHOLOGY PC. No opposition is submitted. Plaintiff submits affidavits of service showing service upon ORLANDO SANCHEZ on February 26, 2020 and the Medical Provider Defendants on February 5, 2020 and February 6, 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 Administrative Assistant 4 of 9 [*FILED: 3] NEW YORK COUNTY CLERK 05/21/2021 03:46 PM NYSCEF DOC. NO. 67 INDEX NO. 650321/2020 RECEIVED NYSCEF: 05/21/2021 at the Medical Evaluations Unit and the affidavit of Anita Megnauth, the, NF Administrative Assistant in support of Plaintiffs motion for default judgment. WHEREFORE, it is hereby, ORDERED that Plaintiffs motion for default judgment against, ORLANDO SANCHEZ, METROPOLITAN MEDICAL & SURGICAL PC, NARRA CHIROPRACTIC PC, ADVANCED SPINAL CARE REHABILITATION PA, HEALTHPLUS SURGERY CENTER, LLC, SPINAL HEALTH CHIROPRACTIC, P.C., ROBERT P. LUCA DC, HUDSON REGIONAL HOSPITAL, PREMIER ANESTHESIA ASSOCIATES, NEW YORK CORE CHIROPRACTIC PC, SUTPHIN SUPPLY INC, and CONEY ISLAND PSYCHOLOGY PC, is granted; and it is further, ORDERED and ADJUDGED that on the first cause of action Plaintiff owes no duty to Defendants, ORLANDO SANCHEZ, METROPOLITAN MEDICAL & SURGICAL PC, NARRA CHIROPRACTIC PC. ADVANCED SPINAL CARE REHABILITATION PA, HEALTHPLUS SURGERY CENTER, LLC, SPINAL HEALTH CHIROPRACTIC, P.C., ROBERT P. LUCA DC, HUDSON REGIONAL HOSPITAL, PREMIER ANESTHESIA ASSOCIATES, NEW YORK CORE CHIROPRACTIC PC, SUTPHIN SUPPLY INC, and CONEY ISLAND PSYCHOLOGY PC, to pay No-Fault claims submitted in relation to the June 6, 2018 loss, Claim No.: 000337702-001, Policy.: RT 7089757 18, referenced in the complaint involving ORLANDO SANCHEZ , and it is further, ORDERED and ADJUDGED that on the second cause of action that all arbitrations, lawsuits and enforcement of awards or judgments in connection with the June 6, 2018 loss, Claim No.: 000337702-001, Policy.: RT 7089757 18, referenced in the complaint involving ORLANDO 5 of 9 [*FILED: 4] NEW YORK COUNTY CLERK 05/21/2021 03:46 PM NYSCEF DOC. NO. 67 INDEX NO. 650321/2020 RECEIVED NYSCEF: 05/21/2021 SANCHEZ , is hereby permanently stayed. This constitutes the decision and order of the court. The County Clerk is directed to enter Judgment accordingly. Dated: ,MA1 2 0 2021 6 of 9

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