Opinion
INDEX NO. 159556/2018
09-05-2019
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., Plaintiff, v. WELLNESS DIAGNOSTIC IMAGING, P.C., PREFERRED MEDICAL, P.C., VALLEY ACUPUNCTURE, SYNERGY HEALTH CHIROPRACTIC, P.C., LAGUNA CHIROPRACTIC, P.C., SPRING REHAB P.T., P.C., BRADLEY WASSERMAN, M.D., P.L.L.C., LENOX HILL RADIOLOGY AND MEDICAL IMAGING ASSOCIATES, P.C., EAST SIDE PRIMARY MEDICAL CARE, P.C., PROTECHMED, INC., METROPOLITAN SURGICAL SERVICES, ROXBURY ANESTHESIA, L.L.C., ALEXIOS APAZIDIS, M.D., P.C., PARAMOUNT MEDICAL SERVICES, SPIRIT NY ACUPUNCTURE, WENDELL JOSPEH GORUM, M.D., MYRTLE AVENUE TRADING, LLC, MARC ALONY, Defendants.
NYSCEF DOC. NO. 49 PRESENT: HON. W. FRANC PERRY Justice MOTION DATE 6/11/2019 MOTION SEQ. NO. 001
DECISION, ORDER AND JUDGMENT
The following e-filed documents, listed by NYSCEF document number (Motion 001) 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38 were read on this motion to/for JUDGMENT - DEFAULT.
Plaintiff, 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., having duly moved this Court for an Order (1) pursuant to CLPR 3215 seeking a default judgment against WELLNESS DIAGNOSTIC IMAGING; P.C., SYNERGY HEALTH CHIROPRACTIC, P.C., LAGUNA CHIROPRACTIC, P.C., SPRING REHAB P.T., P.C., BRADLEY WASSERMAN, M.D., P.L.L.C., EAST SIDE PRIMARY MEDICAL CARE, P.C., METROPOLITAN SURGICAL SERVICES, ROXBURY ANESTHESIA, L.L.C., ALEXIOS APAZIDIS, M.D., P.C., PARAMOUNT MEDICAL SERVICES, SPIRIT NY ACUPUNCTURE, and MYRTLE AVENUE TRADING, LLC, (2) pursuant to CPLR 3025(b) granting plaintiff leave to amend the complaint to add PREFERRED MEDICAL, P.C., and VALLEY ACUPUNCTURE, P.C., as additional defendants; and (3) pursuant to CPLR 3217(b), discontinuing the action as against WENDELL JOSPEH GORUM, M.D.; and
UPON reading and filing the Notice of Motion dated May 13, 2019, the Affirmation of Kyeko Stewart., Esq., in support of the motion, duly affirmed on May 13, 2019, the Affirmation of David F. Boucher Jr., Esq., duly affirmed on March 29, 2019, the Affidavit of Merit of John Kovacik, duly sworn to on March 30, 2019, all with the exhibits annexed thereto, in support, all with proof of service thereof, and no opposition having been filed, and
NOW upon the motion of Rubin, Fiorella, Friedman & Mercante, LLP, attorneys for plaintiff, it is hereby
ORDERED and ADJUDGED that plaintiff's motion for default judgment is granted and the plaintiff has no duty to pay any No-Fault benefits in the form of sums, monies, damages, awards or benefits to WELLNESS DIAGNOSTIC IMAGING, P.C., SYNERGY HEALTH CHIROPRACTIC, P.C., LAGUNA CHIROPRACTIC, P.C., SPRING REHAB P.T., P.C., BRADLEY WASSERMAN, M.D., P.L.L.C., EAST SIDE PRIMARY MEDICAL CARE, P.C., METROPOLITAN SURGICAL SERVICES, ROXBURY ANESTHESIA, L.L.C., ALEXIOS APAZIDIS, M.D., P.C., PARAMOUNT MEDICAL SERVICES, SPIRIT NY ACUPUNCTURE, and MYRTLE AVENUE TRADING, LLC, their agents, employees, assignees or heirs arising out of any current or future proceeding, including without limitation, arbitrations and lawsuits seeking to recover No-Fault benefits with respect to the collision that occurred on June 3, 2017, referenced in the complaint, and referenced by claim number 178029001, and it is further
ORDERED and ADJUDGED that all No-Fault lawsuits, arbitrations, awards, and claims filed by WELLNESS DIAGNOSTIC IMAGING, P.C., SYNERGY HEALTH CHIROPRACTIC, P.C., LAGUNA CHIROPRACTIC, P.C., SPRING REHAB P.T., P.C., BRADLEY WASSERMAN, M.D., P.L.L.C., EAST SIDE PRIMARY MEDICAL CARE, P.C., METROPOLITAN SURGICAL SERVICES, ROXBURY ANESTHESIA, L.L.C., ALEXIOS APAZIDIS, M.D., P.C., PARAMOUNT MEDICAL SERVICES, SPIRIT NY ACUPUNCTURE, and MYRTLE AVENUE TRADING, LLC, arising from the June 3, 2017, loss referenced in the complaint, and referenced by claim number 178029001, are hereby stayed, and it is further
ORDERED that plaintiff's motion seeking leave to amend the Complaint to add PREFERRED MEDICAL, P.C., and VALLEY ACUPUNCTURE, P.C., as additional defendants is granted; and it is further
ORDERED that the Amended Verified Complaint, in the form annexed to the motion papers (NYSCEF DOC. NO. 35), shall be deemed served upon service of a copy of this order with notice of entry upon all parties who have appeared in the action; and it is further
ORDERED that the Amended Summons, and the Amended Verified Complaint, in the form annexed to the motion papers, shall be served by movant, in accordance with the Civil Practice Law and Rules, upon the additional parties, PREFERRED MEDICAL, P.C., and VALLEY ACUPUNCTURE, P.C., in this action within 30 days after service of a copy of this order with notice of entry; and it is further
ORDERED that the action shall bear the following caption:
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., Plaintiff,
-v-
WELLNESS DIAGNOSTIC IMAGING, P.C., PREFERRED MEDICAL, P.C., SYNERGY HEALTH CHIROPRACTIC, P.C., LAGUNA CHIROPRACTIC, P.C., SPRING REHAB P.T., P.C., BRADLEY WASSERMAN, M.D., P.L.L.C., LENOX HILL RADIOLOGY AND MEDICAL IMAGING ASSOCIATES, P.C., EAST SIDE PRIMARY MEDICAL CARE, P.C., PROTECHMED, INC., METROPOLITAN SURGICAL SERVICES, ROXBURY ANESTHESIA, L.L.C., ALEXlOS APAZIDIS, M.D., P.C., PARAMOUNT MEDICAL SERVICES, SPIRIT NY ACUPUNCTURE, WENDELL JOSPEH GORUM, M.D., MYRTLE AVENUE TRADING, LLC, VALLEY ACUPUNCTURE, P.C., and MARCALONY, Defendants.
And it is further
ORDERED that counsel for the moving party shall serve a copy of this order with notice of entry upon the County Clerk (60 Centre Street, Room 141B) and the Clerk of the General Clerk's Office (60 Centre Street, Room 119), who are directed to mark the court's records to reflect the parties being added pursuant hereto; and it is further
ORDERED that such service upon the County Clerk and the Clerk of the General Clerk's Office shall be made in accordance with the procedures set forth in the Protocol on Courthouse and County Clerk Procedures for Electronically Filed Cases (accessible at the "E-Filing" page on the court's website at the address http://www.nycourts.gov/courts/1jd/supctmanh/); and it is further
ORDERED that the action is discontinued as against WENDELL JOSPEH GORUM, M.D., and it is further
ORDERED that the action is severed and shall continue as against defendant MARC ALONY; and it is further
ORDERED that all parties shall appear for a preliminary conference on November 26, 2019, at the Courthouse located at 80 Centre St, Room 307, New York, New York at 9:30 AM.
This constitutes the decision, order and judgment of the Court. 9·5·19
DATE
/s/ _________
W. FRANC PERRY, J.S.C.