American Tr. Ins. Co. v Albis

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American Tr. Ins. Co. v Albis 2021 NY Slip Op 31773(U) May 25, 2021 Supreme Court, New York County Docket Number: 656455/2018 Judge: Nancy M. Bannon 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. 656455/2018 NYSCEF DOC. NO. 241 RECEIVED NYSCEF: 05/25/2021 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: PART HON. NANCY M. BANNON Justice ---------------------------------------------------------------------------------X AMERICAN TRANSIT INSURANCE COMPANY, A SUBSIDIARY OF AMERICAN T, INC., IAS MOTION 42EFM INDEX NO. MOTION DATE MOTION SEQ. NO. Plaintiff, 656455/2018 03/17/2021 006 -vPETER D. ALBIS, DC, REUVEN ALON AKA ROB ALON, DIANA BEYNIN, DC, NACHMY BRONSTEIN, DC, RONALD A. HAYEK, DC, MARK HEYLIGERS, DC, TODD KOPPEL, MD, MARGARITA MOSHE, REGINA MOSHE AKA REGINA LEVIYEV, MD, YAN MOSHE AKA YAN LEVIYEV, RAMKUMAR PANHANI, MD, DIPTI R. PATEL, DC, LEONID SHAPIRO, MD, ADVANCED SPINAL CARE REHABILITATION, PA, ALBIS CHIROPRACTIC CARE, PC, AXIS CHIROPRACTIC CARE, PC, CITIMED SERVICES, PA, CITIMEDICAL I, PLLC, COLUMBUS IMAGING CENTER, LLC, DRUGS R US PHARMACY, INC, HACKENSACK SPECIALITY ASC L.L.C. F/K/A DYNAMIC SURGERY CENTER, LLC, DYNASTY MEDICAL CARE, PC, EXCEL SURGERY CENTER, LLC, INTEGRATED SPECIALTY ASC, L.L.C. F/K/A HEALTHPLUS SURGERY CENTER L.L.C., MEDAID RADIOLOGY, L.L.C., GARDEN STATE PAIN MANAGEMENT, PA, METRO PAIN SPECIALISTS PROFESSIONAL CORPORATION, PREMIER HEALTH CHOICE CHIROPRACTIC, PC, UNION WELLNESS CENTER, LLC, JOHN DOES 1-3, ABC CORPS 1-3 DECISION + ORDER ON MOTION Defendant. ---------------------------------------------------------------------------------X The following e-filed documents, listed by NYSCEF document number (Motion 006) 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239 were read on this motion to/for INJUNCTION/RESTRAINING ORDER . In this action stating claims sounding in fraud, violation of New York General Business Law (GBL) § 349, violation of New York Public Health Law (PHL) § 238-a, and unjust enrichment, and seeking declaratory relief, the plaintiff moves pursuant to CPLR 6301 for a preliminary injunction (1) enjoining the defendants from prosecuting further all pending arbitration proceedings or litigations to collect insurance proceeds against the plaintiff, (2) staying all such pending arbitration proceedings and litigation that are already pending against the plaintiff, and (3) enjoining the defendants from bringing any new arbitration or litigation to 656455/2018 AMERICAN TRANSIT INSURANCE vs. PETER D. ALBIS, DC Motion No. 006 1 of 4 Page 1 of 4 [* 2] INDEX NO. 656455/2018 NYSCEF DOC. NO. 241 RECEIVED NYSCEF: 05/25/2021 collect insurance proceeds against the plaintiff. Defendants Metro Pain Specialists Professional Corporation, Reuven Alon a/k/a Rob Alon, Regina Moshe a/k/a Regina Leviyev, M.D., Yan Moshe a/k/a Yan Leviyev, CitiMed Services, P.A., CitiMedical I, P.L.L.C., Columbus Imaging Center, L.L.C., Hackensack Specialty ASC, L.L.C. f/k/a Dynamic Surgery Center, L.L.C., Excel Surgery Center, L.L.C., Integrated Specialty ASC, L.L.C. f/k/a Healthplus Surgery Center L.L.C., and Medaid Radiology, L.L.C. oppose the motion. The motion is granted. As a preliminary matter, by stipulation filed May 5, 2021, the plaintiff discontinued this action as against defendants Margarita Moshe and Drugs R Us Pharmacy, Inc., with prejudice and without costs. Accordingly, the plaintiff’s application is deemed withdrawn as against those defendants only. The action was previously discontinued as against defendants Dipti R. Patel, DC, Mark Heyligers, D.C., Nachmy Bronstein, D.C., Ramkumar Panhani, M.D., Dynasty Medical Care, P.C., Union Wellness Center, LLC, Ronald A. Hayek, D.C., Todd Koppel, Garden State Pain Management, P.A., Peter D. Albis, D.C., Advanced Spinal Care Rehabilitation, PA, Albis Chiropractic Care, P.C., Premier Health Choice Chiropractic, P.C., and Diana Beynin, D.C., by stipulations dated June 20, 2019, December 30, 2019, December 23, 2019, December 27, 2019, and April 14, 2020, respectively. To obtain a preliminary injunction, a movant must demonstrate, by clear and convincing evidence, (1) a likelihood of success on the merits, (2) irreparable injury if a preliminary injunction is not granted, and (3) a balance of equities in his or her favor. See CPLR 6301; Nobu Next Door, LLC v Fine Arts Hous., Inc., 4 NY3d 839, 840 (2005); Doe v Axelrod, 73 NY2d 748, 750 (1988). “Where the plaintiffs can be fully compensated by a monetary award, an injunction will not issue because no irreparable harm will be sustained in the absence of such relief.” Mar v Liquid Mgmt. partners, LLC, 62 AD3d 762, 763 (2nd Dept. 2009); see Meissner v Yun, 126 AD3d 565 (1st Dept. 2015); Zodkevitch v Feibush, 49 AD3d 424 (1st Dept. 2008). For a summary of the allegations on which this action is premised, the court refers to the factual recitation contained in its decision and order dated May 4, 2020. Briefly, the plaintiff alleges that the defendants are financially-related individuals and entities engaged in a complex no-fault insurance fraud scheme, whereby they referred patients to one another in order to profit from such referrals rather than for reasons related to the medical needs of the patients involved. Pursuant to the amended complaint, filed on July 6, 2020, the plaintiff seeks $3,124,337.46 in damages sustained as a result of the defendants’ alleged fraudulent practices and violations of GBL § 349, $100,000.00 in damages sustained as a result of violations of PHL §238-a by defendants Regina Moshe a/k/a Regina Leviyev, M.D., CitiMedical I, P.L.L.C., Columbus Imaging Center, L.L.C., and Medaid Radiology, L.L.C., punitive damages, and declaratory relief. The plaintiff’s submissions, including, inter alia, the 150-page amended complaint and an affidavit of Cheryl Glaze, the plaintiff’s No-Fault Manager, establish a likelihood of success on at least some of its claims. The plaintiff provides comprehensive and detailed factual allegations describing the defendants’ fraudulent scheme, including, inter alia, regulatory violations, unnecessary medical services, and unlawful referrals. The plaintiff also points to thousands of pending arbitrations and lawsuits against the plaintiff representing the defendants’ 656455/2018 AMERICAN TRANSIT INSURANCE vs. PETER D. ALBIS, DC Motion No. 006 2 of 4 Page 2 of 4 [* 3] INDEX NO. 656455/2018 NYSCEF DOC. NO. 241 RECEIVED NYSCEF: 05/25/2021 attempts to obtain millions in reimbursement for fees arising out of the alleged fraudulent scheme. The plaintiff’s participation in such arbitrations and lawsuits, the propriety of which are the subject of this action, would unfairly require the plaintiff to litigate the same issue thousands of times and risk inconsistent results. Thus, the plaintiff also demonstrates a likelihood that it may sustain damages or injury not fully compensable by a monetary award in the absence of injunctive relief. Finally, in light of the foregoing and for the additional reasons described in the plaintiff’s submissions, the balance of the equities tips in the plaintiff’s favor. Accordingly, it is ORDERED that the plaintiff’s motion pursuant to CPLR 6301 for a preliminary injunction is granted; and it is further ORDERED that defendants Reuven Alon a/k/a Rob Alon, Regina Moshe a/k/a Regina Leviyev, M.D., Yan Moshe a/k/a Yan Leviyev, Leonid Shapiro, M.D., CitiMed Services, P.A., CitiMedical I, P.L.L.C., Columbus Imaging Center, L.L.C., Hackensack Specialty ASC, L.L.C. f/k/a Dynamic Surgery Center, L.L.C., Excel Surgery Center, L.L.C., Integrated Specialty ASC, L.L.C. f/k/a Healthplus Surgery Center L.L.C., Medaid Radiology, L.L.C., and Metro Pain Specialists Professional Corporation are hereby enjoined from prosecuting further all pending arbitration proceedings or litigation to collect insurance proceeds against the plaintiff, pending a final determination in this action; and it is further ORDERED all currently pending arbitration proceedings and litigation to collect insurance proceeds from the plaintiff commenced by defendants Reuven Alon a/k/a Rob Alon, Regina Moshe a/k/a Regina Leviyev, M.D., Yan Moshe a/k/a Yan Leviyev, Leonid Shapiro, M.D., CitiMed Services, P.A., CitiMedical I, P.L.L.C., Columbus Imaging Center, L.L.C., Hackensack Specialty ASC, L.L.C. f/k/a Dynamic Surgery Center, L.L.C., Excel Surgery Center, L.L.C., Integrated Specialty ASC, L.L.C. f/k/a Healthplus Surgery Center L.L.C., Medaid Radiology, L.L.C., and Metro Pain Specialists Professional Corporation are hereby stayed, pending a final determination in this action; and it is further ORDERED that defendants Reuven Alon a/k/a Rob Alon, Regina Moshe a/k/a Regina Leviyev, M.D., Yan Moshe a/k/a Yan Leviyev, Leonid Shapiro, M.D., CitiMed Services, P.A., CitiMedical I, P.L.L.C., Columbus Imaging Center, L.L.C., Hackensack Specialty ASC, L.L.C. f/k/a Dynamic Surgery Center, L.L.C., Excel Surgery Center, L.L.C., Integrated Specialty ASC, L.L.C. f/k/a Healthplus Surgery Center L.L.C., Medaid Radiology, L.L.C., and Metro Pain Specialists Professional Corporation are hereby enjoined from commencing any new arbitration or litigation to collect insurance proceeds against the plaintiff, pending a final determination in this action; and it is further ORDERED that the parties shall appear for a status conference, to be held via Microsoft Teams, on August 5, 2021, at 11:30 a.m. 656455/2018 AMERICAN TRANSIT INSURANCE vs. PETER D. ALBIS, DC Motion No. 006 3 of 4 Page 3 of 4 [* 4] INDEX NO. 656455/2018 NYSCEF DOC. NO. 241 RECEIVED NYSCEF: 05/25/2021 This constitutes the Decision and Order of the court. 5/25/2021 DATE $SIG$ CHECK ONE: CASE DISPOSED X GRANTED X DENIED NON-FINAL DISPOSITION GRANTED IN PART APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT 656455/2018 AMERICAN TRANSIT INSURANCE vs. PETER D. ALBIS, DC Motion No. 006 4 of 4 OTHER REFERENCE Page 4 of 4

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