Opinion
Index 157524/2020
01-28-2022
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. AZCARERENT, INC., BENESSERE SERVICES, INC., CITIMEDICAL SERVICES, P.C., DR. DAVID ANGELILLO ORTHOPAEDIC SURGERY & SPORTS MEDICINE, P.C., STEPHEN A. MATRANGOLO, D.C., P.C., HEALTHMAX ACUPUNCTURE, P.C. HEALTHWISE MEDICAL ASSOCIATES, P.C., HLB MEDICAL, P.C., INTEGRATED INTERVENTIONAL PAIN MANAGEMENT, P.C., JOSEPH BROGNA, D.C. D/B/A SOUTHSHORE CHIROPRACTIC, PLLC, LEVMIC, INC., NEXRAY MEDICAL IMAGING, P.C., QUALITY MED EQUIP, INC., RIVER CHEMIST CORP., SA CHIROPRACTIC, P.C., SUDHA PATEL, M.D., PLLC, WELCOME PHYSICAL THERAPY, P.C., AHARON GUTTERMAN, M.D., PLLC, BALANCE FIT CHIROPRACTIC, P.C., DNA PHARMACY, INC., EXPERT PHARMACY, INC., JNWOOD MEDICAL CARE, PLLC., NAGLE ACUPUNCTURE, P.C., ROXBURY ANESTHESIA, LLC, TRINITY PAIN MANAGEMENT OF STATEN ISLAND, PLLC., GOOD LIFE ACUPUNCTURE, P.C, NEXUS CHIROPRACTIC, P.C., OUTREACH MANUAL PHYSICAL THERAPY, P.C., SYED ASIM MAQSOOD MEDICAL, P.C., BRIANNA CRAIG, MACKENZIE SWANSON, GRISELL CUEVAS, Defendant.
Unpublished Opinion
MOTION DATE 12/07/2021
DECISION + ORDER ON MOTION
DAVID B. COHEN, JUSTICE
The following e-filed documents, listed by NYSCEF document number (Motion 001) 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 70, 73 were read on this motion to/for JUDGMENT - DEFAULT.
Upon the foregoing documents, it is
ORDERED that the plaintiffs motion for a default judgment on the complaint herein is granted on default as against defendants AZCARERENT, INC., CITIMEDICAL SERVICES, P.C., DR. DAVID ANGELILLO ORTHOPAEDIC SURGERY & SPORTS MEDICINE, P.C., STEPHEN A. MATRANGOLO, D.C., P.C., HLB MEDICAL, P.C., INTEGRATED INTERVENTIONAL PAIN MANAGEMENT, P.C., JOSEPH BROGNA, D.C. D/B/A SOUTHSHORE CHIROPRACTIC, PLLC, LEVMIC, INC., NEXRAY MEDICAL IMAGING, P.C., QUALITY MED EQUIP, INC., RIVER CHEMIST CORP., SA CHIROPRACTIC, P.C., SUDHA PATEL, M.D., PLLC, WELCOME PHYSICAL THERAPY, P.C., AHARON GUTTERMAN, M.D., PLLC, DNA PHARMACY, INC., EXPERT PHARMACY, INC., ROXBURY ANESTHESIA, LLC, TRINITY PAIN MANAGEMENT OF STATEN ISLAND, PLLC, GOOD LIFE ACUPUNCTURE, P.C., NEXUS CHIROPRACTIC, P.C., OUTREACH MANUAL PHYSICAL THERAPY, P.C., SYED ASIM MAQSOOD MEDICAL, P.C., BRIANNA CRAIG, MACKENZIE SWANSON, and GRISELL CUEVAS. Plaintiff shall be awarded the declaratory and injunctive relief sought in the Complaint as to defaulting defendants, together with costs and disbursements as taxed by the Clerk; and it is further
ORDERED that movant shall submit a hard copy of a proposed judgment to Motion Support, Order Section located at 60 Centre Street, Room 119A, New York, New York and upload same to the e-file system no later than February 28, 2022; and it is further
ORDERED that moving defendants shall serve a copy of this order with notice of entry on the Clerk of the General Clerk's Office (60 Centre Street, Room 119); and it is further
ORDERED that such service upon 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 www.nycourts.gov/supctmanh); and it is further
ORDERED that the plaintiffs motion for leave to amend the complaint is granted; and it is further
ORDERED that the amended complaint, in the form annexed to the motion papers, 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 a supplemental summons and amended complaint, in the form annexed to the motion papers, shall be served, in accordance with the Civil Practice Law and Rules, upon the additional party 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., Plaintiffs, v.
AZCARERENT, INC., BENESSERE SERVICES, INC., CITIMEDICAL SERVICES, P.C., DR. DAVID ANGELILLO ORTHOPAEDIC SURGERY & SPORTS MEDICINE, P.C., STEPHEN A. MATRANGOLO, D.C., P.C., HEALTHMAX ACUPUNCTURE, P.C., HEALTHWISE MEDICAL ASSOCIATES, P.C., HLB MEDICAL, P.C., INTEGRATED INTERVENTIONAL PAIN MANAGEMENT, P.C., JOSEPH BROGNA, D.C. d/b/a SOUTHSHORE CHIROPRACTIC, PLLC, LEVMIC, INC., NEXRAY MEDICAL IMAGING, P.C., QUALITY MED EQUIP, INC., RIVER CHEMIST CORP., SA CHIROPRACTIC, P.C., SUDHA PATEL, M.D., PLLC, WELCOME PHYSICAL THERARPY, P.C., AHARON GUTTERMAN, M.D., PLLC, BALANCE FIT CHIROPRACTIC, P.C., DNA PHARMACY, INC., EXPERT PHARMACY, INC., INWOOD MEDICAL CARE, PLLC, NAGLE ACUPUNCTURE, P.C., ROXBURY ANESTHESIA, LLC, TRINITY PAIN MANAGEMENT OF STATEN ISLAND, PLLC, GOOD LIFE ACUPUNCTURE, P.C., NEXUS CHIROPRACTIC, P.C., OUTREACH MANUAL PHYSICAL THERAPY, P.C., SYED ASIM MAQSOOD MEDCIAL, P.C., SURGICORE OF JERSEY CITY, LLC, BRIANNA CRAIG, MACKENZIE SWANSON and GRISELL CUEVAS, 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 (ww.nycourts.gov/supctmanh); and it is further
ORDERED that the parties are to appear for a preliminary conference in Part 58, 71 Thomas Street, Room 305, via MS TEAMS, on April 26, 2022 at 10:30 a.m.