Opinion
INDEX NO. 156896/2018
01-03-2020
STATE FARM FIRE AND CASUALTY COMPANY v. CAREPLUS PAIN MANAGEMENT AND REHAB, P.C., DANADA INTERNAL MEDICINE, P.C., FUNCTION INTEGRATED PHYSICAL THERAPY, P.C., GET WELL SOON ACUPUNCTURE, P.C., HEEMOON CHOO ACUPUNCTURE, P.C., MARYSOL JABIGUERO AMPONIN, P.T., P.C., JOEUN CHIROPRACTIC, P.C., M&J CHIROPRACTIC, P.C., PEACEFUL ACUPUNCTURE, P.C., and BLANCA FIGUEROA
NYSCEF DOC. NO. 27 PRESENT: MELISSA A. CRANE Justice MOTION DATE __________
MOTION SEQ. NO. 001
MOTION CAL. NO. __________ Upon the foregoing papers, it is ordered that this motion is
This case arises from an automobile accident that occurred on November 3, 2017, involving defendant Blanca Figueroa ("Figueroa"). Figueroa alleges that she sustained serious bodily injuries while she was driving a 2016 Toyota that plaintiff insured. Figueroa submitted claims to plaintiff, State Farm Fire and Casualty Company ("State Farm"), for no-fault benefits under the insurance policy that plaintiff issued. Figueroa assigned the rights to collect no-fault benefits to co-defendants/medical providers. Plaintiff commenced an action on or about July 25, 2018, by a Summons and Complaint, seeking a declaratory judgment against claimant as well as numerous co-defendants/medical providers under State Farm policy number 194-7867-32, claim number 32-2064-R75.
First, plaintiff has discontinued this action against the defendant DANADA INTERNAL MEDICINE, P.C. (see NYSCEF Doc No 12, Stipulation of Discontinuance).
Plaintiff, State Farm, now moves for a default judgment pursuant to CPLR 3215 against the remaining non-answering defendants: CAREPLUS PAIN MANAGEMENT AND REHAB, P.C., FUNCTION INTEGRATED PHYSICAL THERAPY, P.C., GET WELL SOON ACUPUNCTURE, P.C., HEEMOON CHOO ACUPUNCTURE, P.C., MARYSOL JABIGUERO AMPONIN, P.T., P.C., JOEUN CHIROPRACTIC, P.C., M&J CHIROPRACTIC, P.C., PEACEFUL ACUPUNCTURE, P.C. and BLANCA FIGUEROA (collectively, as the "defaulting defendants"). Plaintiff has submitted proof of service of the summons and complaint, proof of the facts constituting the claim, and proof of defendants' failure to answer or appear (see CPLR 3215; see also, Atlantic Cas. Ins. Co. v RJNJ Services, Inc., 89 AD3d 649 [2nd Dept 2011]). Plaintiff demonstrates prima facie its denial of no-fault claims based on Blanca Figueroa's misrepresentations as to where the insured vehicle was principally garaged. Cathy Pardi, a State Farm employee in the underwriting department, states in her affidavit that Blanca Figueroa insured the State Farm insured vehicle at 2418 Route 9D, Wappingers Falls, New York 12590. However, an investigation of this claim revealed that Figueroa did not reside at the address used to obtain the insurance policy. The investigation concluded that the insured resided, and the vehicle was principally garaged, in Queens, New York at all times during the policy period. Had plaintiff been aware of the false information, State Farm would not have issued the policy. Grace Gigi Trials, State Farm No-Fault claim specialist, attests to the timely mailing and denial of no-fault bills.
None of defendants have answered or otherwise appeared, or have opposed this motion.
Accordingly, it is
ORDERED that plaintiff, State Farm's, motion for default judgment against defendants CAREPLUS PAIN MANAGEMENT AND REHAB, P.C., FUNCTION INTEGRATED PHYSICAL THERAPY, P.C., GET WELL SOON ACUPUNCTURE, P.C., HEEMOON CHOO ACUPUNCTURE, P.C., MARYSOL JABIGUERO AMPONIN, P.T., P.C., JOEUN CHIROPRACTIC, P.C., M&J CHIROPRACTIC, P.C., PEACEFUL ACUPUNCTURE, P.C. and BLANCA FIGUEROA, is granted without opposition; and it is further
ADJUDGED AND DECLARED that defendant BLANCA FIGUEROA is not eligible injured persons entitled to no-fault benefits under State Farm policy number 194-7867-32, claim number 32-2064-R75; and it is further
ADJUDGED AND DECLARED that defendants CAREPLUS PAIN MANAGEMENT AND REHAB, P.C., FUNCTION INTEGRATED PHYSICAL THERAPY, P.C., GET WELL SOON ACUPUNCTURE, P.C., HEEMOON CHOO ACUPUNCTURE, P.C., MARYSOL JABIGUERO AMPONIN, P.T., P.C., JOEUN CHIROPRACTIC, P.C., M&J CHIROPRACTIC, P.C., PEACEFUL ACUPUNCTURE, P.C. and BLANCA FIGUEROA, are not entitled to no-fault coverage for the motor vehicle accident that occurred on November 3, 2017, involving individual defendant Blanca Figueroa, for claims submitted under State Farm policy number 194-7867-32, claim number 32-2064-R75, as referenced in the complaint, and plaintiff, State Farm, has no duty to provide, pay, honor, or reimburse any claims in any current or future proceedings, including without limitation arbitrations and/or lawsuits, seeking to recover no-fault benefits arising out of the November 3, 2017 accident; and it is further
ADJUDGED AND DECLARED that all arbitrations and lawsuits brought by defendants relating to no-fault claims arising out of the November 3, 2017 accident are stayed and the defendants are enjoined from commencing any new lawsuit or arbitrations against State Farm arising out of the accident. DATED: 1-3-2020
New York, New York
ENTER:
/s/_________
MELISSA A. CRANE, J.S.C