Hereford Ins. Co. v Access Care PT P.C.

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Hereford Ins. Co. v Access Care PT P.C. 2021 NY Slip Op 32781(U) December 17, 2021 Supreme Court New York County Docket Number: Index No. 651471/2020 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. 651471/2020 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/20/2021 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: ....,Hc:,;O::;;Nc:;•:..:D::c:E:,.:B~RA.=...:...J::::Aco:M:::cE:S~------ PART 59 Justice -X INDEX NO. HEREFORD INSURANCE COMPANY, 651471/2020 7/02/2021 MOTION DATE Plaintiff, • 001 MOTION SEQ. NO. • V. ACCESS CARE PT PC., ANDREW DOWD, BRITTANY GRANT, BRONX MEDICAL DIAGNOSTIC, P C , CENTER FOR NEURORESTORATIVE MEDICINE, DOWNTOWN BRONX MEDICAL ASSOCIATES, P.C, ENS MEDICAL, P.C., INEW REHAB PHYSICAL THERAPY PC., JEFFERSON HEALTHCARE SUPPLIES LLC, JORDAN FERSEL, LIFE CHIROPRACTIC P.C , LINCOLN HOSPITAL, M & D ELITE PHARMACY, LLC, METROPOLITAN MEDICAL & SURGICAL P.C. A/KIA METROPOLITAN MEDICAL AND SURGICAL P.C., PERLOFF PHYSICAL THERAPY, P.C., Pl CHIROPRACTIC PC, PROMETHEUS IMAGING, LLC, R ZAKARIA PHYSICIAN PLLC, WELCOME ACUPUNCTURE PC , BRUCE WILLIAMS, ISADORE MARTINEZ and SEBASTIAN RAJOPA, DECISION + ORDER ON MOTION Defendants. -------------X The following e-filed documents, listed by NYSCEF document number (Motion 001) 28, 29, 30, 31, 32, 33,34,35,36,37,38,39,40,41 JUDGMENT· DEFAULT were read on this motion for ORDER Upon the foregoing documents, ORDERED and ADJUDGED that plaintiff's motion for a default judgment against defendants ACCESS CARE PT P.C., ANDREW DOWD,. BRITTANY GRANT, BRONX MEDICAL DIAGNOSTIC, P.C., CENTER FOR NEURORESTORATIVE MEDICINE, DOWNTOWN BRONX MEDICAL ASSOCIATES, P.C., INEW REHAB PHYSICAL THERAPY P.C., JEFFERSON HEALTHCARE SUPPLIES LLC, JORDAN FERSEL, LINCOLN HOSPITAL, M 65147112020 HEREFORD INSURANCE COMPANY vs. ACCESS CARE PT P.C. Motion No. 001 1 of 5 & D ELITE Page 1 of 5 [* 2] INDEX NO. 651471/2020 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/20/2021 PHARMACY, LLC, METROPOLITAN MEDICAL & SURGICAL P.C. A/K/A METROPOLITAN MEDICAL AND SURGICAL P.C., PERLOFF PHYSICAL THERAPY, P.C., PI CHIROPRACTIC PC, PROMETHEUS IMAGING, LLC, R. ZAKARIA PHYSICIAN PLLC, WELCOME ACUPUNCTURE P.C., BRUCE WILLIAMS, ISADORE MARTINEZ and SEBASTIAN RAJOPA is GRANTED on default; and it is further ORDERED, ADJUDGED and DECLARED that plaintiff HEREFORD INSURANCE COMPANY is not obligated to h·onor or pay claims for reimbursement as assignees of BRUCE WILLIAMS, ISADORE MARTINEZ and SEBASTIAN RAJOPA to ACCESS CARE PT P.C., ANDREW DOWD, BRITTANY GRANT, BRONX MEDICAL DIAGNOSTIC, P.C., CENTER FOR NEURORESTORATIVE MEDICINE, DOWNTOWN BRONX MEDICAL ASSOCIATES, P.C., INEW REHAB PHYSICAL THERAPY P.C., JEFFERSON HEALTHCARE SUPPLIES LLC, JORDAN FERSEL, LINCOLN HOSPITAL, M PHARMACY, LLC, METROPOLITAN MEDICAL & & D ELITE SURGICAL P.C. A/K/A METROPOLITAN MEDICAL AND SURGICAL P.C., PERLOFF PHY.SICAL THERAPY, P.C., PI CHIROPRACTIC PC, PROMETHEUS IMAGING, LLC, R. ZAKARIA PEYSICIAN PLL and WELCOME ACUPUNCTURE P.C. and that the defaulting def~ndants have no rights to litigate or arbitrate for No-Fault benefits with respect to the May 14, 2019 alleged accident involving BRUCE WILLIAMS, ISADORE MARTINEZ and SEBASTIAN RAJOPA; and it is further ORDERED that the causes of action against defendants ACCESS CARE PT P.C., ANDREW DOWD, BRITTANY GRANT, BRONX MEDICAL 65147112020 HEREFORD INSURANCE COMPANY vs. ACCESS CARE PT P.C. Motion No. 001 2 of 5 . Page2of5 [* 3] INDEX NO. 651471/2020 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/20/2021 DIAGNOSTIC, P.C., CENTER FOR NEURORESTORATIVE MEDICINE, DOWNTOWN BRONX MEDICAL ASSOCIATES, P. C .', INEW REHAB PHYSICAL THERAPY P.C., JEFFERSON HEALTHCARE SUPPLIES LLC, JORDAN FERSEL, LINCOLN HOSPITAL, M & D ELITE PHARMACY, LLC, METROPOLITAN MEDICAL & SURGICAL P.C. A/K/A METROPOLITAN MEDICAL AND SURGICAL P.C., PERLOFF PHYSICAL THERAPY, P.C., PI CHIROPRACTIC PC, PROMETHEUS IMAGING, LLC, R. ZAKARIA PHYSICIAN PLLC, WELCOME ACUPUNCTURE P.C., BRUCE WILLIAMS, ISADORE MARTINEZ and SEBASTIAN ::u\JOPA are severed and the balance of the, claims a:::e continued; and it is further ORDERED that forthwith the plaintiff shall serve a copy of this Order with notice of entry upon defendants ACCESS CARE PT P.C., ANDREW DOWD, BRITTANY GRANT, BRONX MEDICAL DIAGNOSTIC, P.C., CENTER FOR NEURORESTORATIVE MEDICINE, DOWNTOWN BRONX MEDICAL ASSOCIATES, P.C., INEW REHAB PHYSICAL THERAPY P.C., JEFFERSON HE:ALTHCARE SUPPLIES LLC, JORDAN FERSEL, LINCOLN HOSPITAL, M & D ELITE PHARMACY, LLC, METROPOLITAN MEDICAL & SURGICAL P.C. A/K/A METROPOLITAN MEDICAL AND SURGICAL P.C., PERLOFF PHYSICAL THE?.APY, P.C., PI CHIROPRACTIC PCr PROMETHEUS IMAGING, LLC, R. ZAKARIA PHYSICIAN PLLC, WELCOME ACUPUNCTURE P. C., BRUCE vHLLIAMS, ISADORE MARTINEZ and SEBASTIAN RAJOPA by regular first-class mail at their last known addresses and upon the other parties in this actibn by NYSCEF and shall file proof of such service with the Clerk; and it is further 65147112020 HEREFORD INSURANCE COMPANY vs. ACCESS CARE PT P.C. Motion No, 001 3 of 5 Pago 3 of 5 [* 4] INDEX NO. 651471/2020 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/20/2021 ORDERED that the remaining parties shall submit a proposed preliminary conference order or proposed competing preliminary conference orders to NYSCEF on or before January 25, 2022. DECISION Plaintiff HEREFORD INSURANCE COMPANY in this declaratory judgment action moves for a default judgment for the relief demanded in the Complaint pursuant to CPLR 3215 based upon the failure of defendants ACCESS CARE PT P.C., ANDREW DOWD, BRITTANY GRANT, BRONX MEDICAL DIAGNOSTIC, P.C., CENTER FOR NEURORESTORATIVE MEDICINE, DOWNTOWN BRONX MEDICAL ASSOCIATES, P.C., INEW REHAB PHYSICAL THERAPY P.C., JEFFERSON HEALTHCARE SUPPLIES LLC, JORDAN FERSEL, LINCOLN HOSPITAL, M PHARMACY, LLC, METROPOLITAN MEDICAL & & D ELITE SURGICAL P.C. A/K/A METROPOLITAN MEDICAL AND SURGICAL P.C., PERLOFF PHYSICAL THERAPY, P.C., PI CHIROPRACTIC PC, PROMSTHEUS IMAGING, LLC, R. ZAKARIA PHYSICIAN PLLC, WE:i.,COME ACUPUNCTURE P.C., BRUCE WILLIAMS, ISADORE MARTINEZ and SEBASTIA~ RAJOPA to answer or appear. Plaintiff has submitted proof of service of the summons and complaint and proof of service of this motion upon the defendants. motion. Defendants have defaulted in appearance on this Plaintiff has further submitted an affidavit of facts pursuant to CPLR 3215 (f), as well as evidence of the default of defendants by at,:orney affirmation. Plaintiff has also 85147112020 HEREFORD INSURANCE COMPANY vs. ACCESS CARE PT P.C. Motion No. 001 4 of 5 Page 4 of 5 [* 5] INDEX NO. 651471/2020 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/20/2021 submitted proof of the additional mailings of the summons required by CPLR 3215 (g) (4). year of the default. ',This motion is brought within one The court shall therefore grant a !; declaratory judgment on default agaibst the defendants for the relief sought in the Complaint'. 12/17/2021 ' D DATE CHECK ONE: CASE DISPOSED GRANTED • § RA :JA NON-FINAL DISPOSITION DENIED APPLICATION: SETTLE ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN GRANTED IN PART SUBMIT ORDER FIDUCIARY APPOINTMENT 65147112020 HEREFORD INSURANCE COMPANY vs. ACCESS CARE PT P.C. Motion No. 001 5 of 5 £s, ~s.c. • • OTHER REFERENCE Page 5 of 5

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