Am. Transit Ins. Co. v. Valdez

Full title: AMERICAN TRANSIT INSURANCE COMPANY, Plaintiff, v. ANDRICKSON VALDEZ, AKE…

Court: SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PART IAS MOTION 59EFM

Date published: Apr 17, 2020

2020 N.Y. Slip Op. 31559 (N.Y. Sup. Ct. 2020)

Opinion

INDEX NO. 656213/2018

04-17-2020

AMERICAN TRANSIT INSURANCE COMPANY, Plaintiff, v. ANDRICKSON VALDEZ, AKE SERVICES, INC, CITYCARE PHYSICAL THERAPY, PC, DYNAMIC SUPPLIERSS, LLC, EAST SIDE PRIMARY MEDICAL CARE, P.C. ENZO CLINICAL LABORATORY, EXCELL CLINICAL LAB, INC, EXPERT MASSAGE THERAPY, PC, FIFTH AVENUE SURGERY CENTER, LLC, HAAR ORTHOPAEDICS & SPORTS MED, P.C., HORIZON ORTHO SUPPLY CORP, IGOR AMIGUD PHYSICIAN, PC, ISURPLY, LLC, MARK S. MCMAHON, MD, PC, METRO PAIN SPECIALISTS, P.C., MMA PHYSICAL THERAPY, PC, MYRTLE DME NYC, INC, NORTH CENTRAL CHIROPRACTIC, PC, NYC 23RD STREET MEDICAL, PLLC, NYC MADISON AVENUE MED, PC NYC PHYSICAL THERAPY, PLLC, PERFORMANCE LIFE CHIROPRACTIC, PC, PROTECHMED, INC, REHAB CARE PHYSICAL THERAPY, PC, SOUTHWELL ACUPUNCTURE, PC, TREMONT DIAG IMAGING, PC and UNITED PHYSICIANS, PLLC, Defendants.

HON. DEBRA A. JAMES Justice

NYSCEF DOC. NO. 64 PRESENT: HON. DEBRA A. JAMES Justice MOTION DATE 12/18/2019 MOTION SEQ. NO. 001

DECISION + ORDER ON MOTION

The following e-filed documents, listed by NYSCEF document number (Motion 001) 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 were read on this motion to/for JUDGMENT - DECLARATORY.

Upon the foregoing documents,

In this declaratory judgment, plaintiff AMERICAN TRANSIT INSURANCE COMPANY action moves for a default judgment for the relief demanded in the Complaint pursuant to CPLR 3215 based upon the failure of defendants ANDRICKSON VALDEZ, CITYCARE PHYSICAL THERAPY, PC, DYNAMIC SUPPLIERSS, LLC, EAST SIDE PRIMARY MEDICAL CARE, P.C. ENZO CLINICAL LABORATORY, EXCELL CLINICAL LAB, INC, EXPERT MASSAGE THERAPY, PC, ISURPLY, LLC, METRO PAIN SPECIALISTS, P.C., MMA PHYSICAL THERAPY, PC, NORTH CENTRAL CHIROPRACTIC, PC, NYC 23^RD STREET MEDICAL, PLLC, NYC MADISON AVENUE MED, PC NYC PHYSICAL THERAPY, PLLC, REHAB CARE PHYSICAL THERAPY, PC, SOUTHWELL ACUPUNCTURE, PC, TREMONT DIAG IMAGING, PC and UNITED PHYSICIANS, PLLC to answer or appear. Stipulations of discontinuance resolve the action against defendants HORIZON ORTHO SUPPLY CORP., MARK S. MCMAHON, MD, PC, FIFTH AVENUE SURGERY CENTER, LLC and IGOR AMIGUD PHYSICIAN, PC.

Plaintiff has submitted proof of service of the summons and complaint, proof of service of this motion upon defendants, as well as evidence of the default of non-answering defendants by attorney affirmation. Plaintiff has further submitted an affidavit of facts pursuant to CPLR 3215 (f). This motion is brought within one year of the default. The court shall therefore grant a declaratory judgment on default against the defendants for the relief sought in the Complaint.

Accordingly, it is

ORDERED and ADJUDGED that plaintiff's motion for a default judgment against ANDRICKSON VALDEZ, CITYCARE PHYSICAL THERAPY, PC, DYNAMIC SUPPLIERSS, LLC, EAST SIDE PRIMARY MEDICAL CARE, P.C. ENZO CLINICAL LABORATORY, EXCELL CLINICAL LAB, INC, EXPERT MASSAGE THERAPY, PC, ISURPLY, LLC, METRO PAIN SPECIALISTS, P.C., MMA PHYSICAL THERAPY, PC, NORTH CENTRAL CHIROPRACTIC, PC, NYC 23^RD STREET MEDICAL, PLLC, NYC MADISON AVENUE MED, PC NYC PHYSICAL THERAPY, PLLC, REHAB CARE PHYSICAL THERAPY, PC, SOUTHWELL ACUPUNCTURE, PC, TREMONT DIAG IMAGING, PC and UNITED PHYSICIANS, PLLC is GRANTED on default; and it is further

ORDERED, ADJUDGED and DECLARED that plaintiff AMERICAN TRANSIT INSURANCE COMPANY is not obligated to honor or pay claims for reimbursement as assignees of ANDRICKSON VALDEZ to CITYCARE PHYSICAL THERAPY, PC, DYNAMIC SUPPLIERSS, LLC, EAST SIDE PRIMARY MEDICAL CARE, P.C. ENZO CLINICAL LABORATORY, EXCELL CLINICAL LAB, INC, EXPERT MASSAGE THERAPY, PC, ISURPLY, LLC, METRO PAIN SPECIALISTS, P.C., MMA PHYSICAL THERAPY, PC, NORTH CENTRAL CHIROPRACTIC, PC, NYC 23^RD STREET MEDICAL, PLLC, NYC MADISON AVENUE MED, PC NYC PHYSICAL THERAPY, PLLC, REHAB CARE PHYSICAL THERAPY, PC, SOUTHWELL ACUPUNCTURE, PC, TREMONT DIAG IMAGING, PC and UNITED PHYSICIANS, PLLC and that the defaulting defendants have no rights to litigate or arbitrate for No-Fault benefits with respect to the February 8, 2018 alleged accident; and it if further

ORDERED that the remaining parties shall appear in IAS Part 59, 60 Centre Street, Room 331, New York, New York 10007, on June 23, 2020, 9:30 AM for a preliminary conference. 04/17/2020

DATE

/s/ _________

DEBRA A. JAMES, J.S.C.