Opinion
Index No. 157339/2021 Motion Seq. No. 002 NYSCEF Doc. No. 134
07-18-2023
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff, v. ALL CITY FAMILY HEALTHCARE CENTER, INC., AVK RX, INC., BAY RIDGE ORTHOPEDIC ASSOCIATES, P.C., BNT-AMS CORP., CAVALLARO MEDICAL SUPPLY, INC. A/K/A CALLAVARO MEDICAL SUPPLY, INC., COME CHIROPRACTIC, P.C., CVAP MEDICAL, P.C., EAST COAST MED GROUP, INC., EMMONS AVENUE MEDICAL OFFICE, P.C., GOOD MEDICA, INC., GOTHAM MEDICINE, P.C., HILLSIDE PRIMARY MEDICAL CARE, P.C., IDEAL CARE PHARMACY, INC., INTEGRATIVE FAMILY HEALTH NP, P.L.L.C., ISLAND AMBULATORY SURGERY CENTER, L.L.C., KALFAYAN MEDICAL CARE, P.L.L.C., LENCO DIAGNOSTIC LABORATORIES, INC., LONGEVITY MEDICAL SUPPLY, INC., LR MEDICAL, P.L.L.C., LZ GROUP MEDICAL SERVICES, P.C., MDCA PSYCHOLOGY CARE, P.C., METROPOLITAN MEDICAL & SURGICAL P.C. A/K/A METRO MEDICAL & SURGICAL, P.C., NEXRAY MEDICAL IMAGING, P.C., NYC FAMILY HEALTH NP, P.C., OLD STAR, INC., PRECISE MEDICAL SOLUTIONS, L.L.C., PSG PSYCHOLOGY, P.L.L.C., PULMONARY AND SLEEP MEDICAL, P.C., QUALITY CARE RX, INC., REHAB TIME PT, P.C., RIBEIRO PAIN MANAGEMENT, P.L.L.C., RIGHT CHOICE SUPPLY, INC., SEDATION VACATION PERIOPERATIVE MEDICINE, P.L.L.C., NEXRAY MEDICAL IMAGING, P.C. A/K/A SOUL RADIOLOGY, STAND-UP MRI OF BENSONHURST, P.C., THERALOGICS, INC., SIMEON ISSACS, M.D., MARK RITCH, D.O., P.A., MICHAEL YURYEV, D.O., BHMC HOSPITAL, BROOKDALE HOSPITAL MEDICAL CENTER, DANIEL ZENO, EVELYNE VICTOR, PETERSON VICTOR, JOSE ORDONEZ, JOSE ORDONEZ AUTO REPAIR AND BODY SHOP CORP, JEEFRY METIVIER Defendant.
Unpublished Opinion
MOTION DATE 03/27/2023
DECISION + ORDER ON MOTION
HON. MARY V. ROSADO, J.S.C.
The following e-filed documents, listed by NYSCEF document number (Motion 002) 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132 were read on this motion to/for AMEND CAPTION/PLEADINGS.
Upon the foregoing documents, there being no opposition, and good cause having been shown, Plaintiff State Farm Mutual Automobile. Insurance Company's ("Plaintiff') motion seeking to amend the Complaint to include AN Physician Assistant, P.C., Galaxy RX, Inc. and South Shore Osteopathic Medicine, P.C. as additional defendants is granted.
Leave to amend pleadings is freely granted in the absence of prejudice if the proposed amendment is not palpably insufficient as a matter of law (Mashinksy v Drescher, 188 A.D.3d 465 [1st Dept 2020]). A party opposing a motion to amend must demonstrate that it would be substantially prejudiced by the amendment, or the amendments are patently devoid of merit (Greenburgh Eleven Union Free School Dist. V National Union Fire Ins. Co., 298 A.D.2d 180, 181 [1st Dept 2002]). Delay alone is not sufficient to deny leave to amend (Johnson v Montefiore Medical Center, 203 A.D.3d 462 [1st Dept 2022]).
Here, there is no opposition to Plaintiffs motion. Accordingly, there has been no demonstration of any prejudice that would result from Plaintiffs proposed amendment. Moreover, a preliminary conference has not yet taken place and this case is ostensibly in the early stages of discovery. As such, there has been no prejudice demonstrated by any of the Defendants. Therefore, Plaintiffs motion is granted.
Accordingly, it is hereby
ORDERED that Plaintiff State Farm Mutual Automobile Insurance Company's motion for leave to amend the Complaint is granted; and it is further
ORDERED that this action shall bear the following caption:
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff,
-against
ALL CITY FAMILY HEALTHCARE CENTER, INC.,AVK RX, INC.,BAY RIDGE ORTHOPEDIC ASSOCIATES, P.C., BNT-AMS CORP., CAVALLARO MEDICAL SUPPLY, INC. A/K/A CALLAVARO MEDICAL SUPPLY, INC., COME CHIROPRACTIC, P.C., CVAP MEDICAL, P.C.,EAST COAST MED GROUP, INC., EMMONS AVENUE MEDICAL OFFICE, P.C., GOOD MEDICA, INC., GOTHAM MEDICINE, P.C.,HILLSIDE PRIMARY MEDICAL CARE, P.C., IDEAL CARE PHARMACY, INC.,INTEGRATIVE FAMILY HEALTH NP, P.L.L.C., ISLAND AMBULATORY SURGERY CENTER, L.L.C., KALFAYAN MEDICAL CARE, P.L.L.C., LENCO DIAGNOSTIC LABORATORIES, INC., LONGEVITY MEDICAL SUPPLY, INC., LR MEDICAL, P.L.L.C., LZ GROUP MEDICAL SERVICES, P.C., MDCA PSYCHOLOGY CARE, P.C.,METROPOLITAN MEDICAL & SURGICAL P.C. A/K/A METRO MEDICAL & SURGICAL, P.C., NEXRAY MEDICAL IMAGING, P.C., NYC FAMILY HEALTH NP, P.C., OLD STAR, INC.,PRECISE MEDICAL SOLUTIONS, L.L.C., PSG PSYCHOLOGY, P.L.L.C., PULMONARY AND SLEEP MEDICAL, P.C., QUALITY CARE RX, INC., REHAB TIME PT, P.C., RIBEIRO PAIN MANAGEMENT, P.L.L.C., RIGHT CHOICE SUPPLY, INC.,SEDATION VACATION PERIOPERATIVE MEDICINE, P.L.L.C., NEXRAY MEDICAL IMAGING, P.C. A/K/A SOUL RADIOLOGY, STAND-UP MRI OF BENSONHURST, P.C., THERALOGICS, INC.,SIMEON ISSACS, M.D., MARK RITCH, D.O., P.A., MICHAEL YURYEV, D.O., BHMC HOSPITAL, BROOKDALE HOSPITAL MEDICAL CENTER, DANIEL ZENO, EVELYNE VICTOR, PETERSON VICTOR, JOSE ORDONEZ, JOSE ORDONEZ AUTO REPAIR AND BODY SHOP CORP, JEEFRY METIVIER. AN PHYSICIAN ASSISTANT, P.C., GALAXY RX, INC., and SOUTH SHORE OSTEPPATHIC MEDICINE, P.C. Defendants
Index No.: 158376/2022
And it is further, ORDERED that AN Physician Assistant, P.C., Galaxy RX, Inc. and South Shore Osteopathic Medicine, P.C. be added to the caption in this matter as Defendants and that the parties and the Clerk of the Court are to ensure that the caption is amended on any future filings accordingly, and it is further
ORDERED that on or before September 15, 2023, the parties shall submit a proposed preliminary conference order via NYSCEF and e-mail to SFC-Part33-Clerk@nycourts.gov. If the parties are unable to agree upon a proposed preliminary conference order, the parties shall appear for an in-person preliminary conference on September 20, 2023 at 9:30 a.m. in 60 Centre Street, Room 442, New York, New York; and it is further
ORDERED that within 30 days of entry, counsel for Plaintiff shall serve a copy of this Decision and Order, with notice of entry, on all parties to this action and the Clerk of the Court; and it is further
ORDERED that the Clerk of the Court is directed to enter judgment accordingly.
This constitutes the Decision and Order of the Court.