Preview
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/27/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
. . . X
HEREFORD INSURANCE COMPANY, Index No.:
Plaintiff, SUMMONS
-against- Plaintiffdesignates New York
County as a placeof trial
ALL CITY FAMILY HEALTHCARE CENTER, INC., Basis of venue is address of
ARD RX INC., ATLAS PT, P.C., AVENUE OF PHYSICAL defendant: HMP
THERAPY & CHIROPRACTIC CARE, BACK PAIN ORTHOPAEDICS, P.C.
CHIROPRACTIC, PC, BACK TO BALANCE
ACUPUNCTURE, PC, BROOKLYN MCDONALD Plaintiff's address:
MEDICAL COMPLETE 36-01 43rd 2nd FlOOT
CARE, PLLC, Avenue,
NEUROPSYCHOLOGY, P.C., DAVID ISRAEL, M.D., Long Island City, New York
DEKEL NY MEDICAL, PC, ERIC LUBIN, M.D., GORDON
C. DAVIS MEDICAL, P.C., HMP ORTHOPAEDICS, P.C.,
LONCEVITY MEDICAL SUPPLY, INC., MANAN
PATEL, MICHELE B. GLISPY, MOLNAR MEDICAL
SERVICES PC, MYOCARE PT P.C., NEW MILLENNIUM
MEDICAL IMAGING, P.C., NEW YORK PHYSICAL
THERAPY CARE, PC, NEXTSTEP HEALING, INC, PRC
SUPPLIES INC, SHAHID MIAN, M.D. P.C., SIMEON
ISAACS, M.D., ST. MARY FAMILY PHYSICAL THERAPY,
PC, STAND-UP MRI OF BENSONHURST, P.C., STAND-UP
MRI OF MANHATTAN, P.C., TRUE HEALTH
PHARMACY INC., VITAL POINTS ACUPUNCTURE P.C.,
WENDY A. KEISER, D.C., ZQZ ACUPUNCTURE P.C.,
MARTINE ARIS, JOCELYNE JEAN-JUSTE, SAMUEL
GAUYO and LUILLY ACOSTACOLLADO,
Defendants.
. ...... ....... .. X
To the above-named defendants:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to
serve a of your answer, or, ifthe complaint is not served with this summons, to
copy
serve a notice of appearance, on the plaintiff's attorney(s) within 20 days after the
service of this summons, exclusive of the day of service (or within 30 days after the
service is complete if this summons is not personally delivered to you within the State
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of New York); and in case of your failure to appear or answer, judgment will be taken
against you by default for the relief demanded in the complaint.
Dated: New York, New York
December 27, 2019
GOLDBERG, MILLER & RUBIN, P.C.
Attorneys for Plaintiff
60 E. 42nd Suite 520
Street,
New York, New York 10017
(646) 863-1531
File No.: HF.00181
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DEFENDANTS'
ADDRESSES
ALL CITY FAMILY HEALTHCARE CENTER, INC.
3632 Nostrand Avenue
Brooklyn, New York 11229
ARD RX INC.
60-61 Myrtle Avenue
Ridgewood, New York 11385
ATLAS PT, P.C.
1505 Emmons Avenue
Brooklyn, New York 11235
AVENUE OF PHYSICAL THERAPY & CHIROPRACTIC CARE
168-36 Jamaica Avenue
Jamaica, New York 11432
BACK PAIN CHIROPRACTIC, PC
42 Richard Street
Farmingdale, New York 11735
BACK TO BALANCE ACUPUNCTURE, PC
1 Church Street, Apt. 1
New Paltz, New York 12561
BROOKLYN MCDONALD MEDICAL CARE, PLLC
486 McDonald Avenue
Brooklyn, New York 11432
COMPLETE NEUROPSYCHOLOGY, P.C.
260 Central Avenue, #319
Lawrence, New York 11559
DAVID ISRAEL, M.D.
100 Garden City Plaza, Suite 500
Garden City, New York 11530
DEKEL NY MEDICAL, PC
166 Elaine Drive
Oceanside, New York 11572
ERIC LUBIN, M.D.
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199 Denver Road
Paramus, New Jersey 07652
GORDON C. DAVIS MEDICAL, P.C.
1611 E. New York Avenue
Brooklyn, New York 11212
HMP ORTHOPAEDICS, P.C.
50 E. 77th Apt. 1C
Street,
New York, New York 10075
LONGEVITY MEDICAL SUPPLY, INC.
7323 20th Avenue
Brooklyn, New York 11204
MANAN PATEL
1274 Richmond Avenue
Staten Island, New York 10314
MICHELE B. GLISPY
2266 Bath Avenue, #55
Brooklyn, New York 11214
MOLNAR MEDICAL SERVICES PC
550 Remsen Avenue
Brooklyn, New York 11236
MYOCARE PT P.C.
58 Mayberry Promenade
Staten Island, New York 10312
NEW MILLENNIUM MEDICAL IMAGING, P.C.
138-48 Elder Avenue
Flushing, New York 11355
NEW YORK PHYSICAL THERAPY CARE, PC
96 28th Third Floor
Avenue,
Brooklyn, New York 11214
NEXTSTEP HEALING, INC
86-10 117th Street
Richmond Hill, New York 11418
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PRC SUPPLIES INC
c/o Paul Cullinane
11 Forest Avenue
Port Jefferson Station, New York 11776
SHAHID MIAN, M.D. P.C.
893 Park Avenue
New York, New York 10075
SIMEON ISAACS, M.D.
1314 Ocean Parkway, #5G
Brooklyn, New York 11230
ST. MARY FAMILY PHYSICAL THERAPY, PC
c/o Hany Zaky
207 Merrymount Street
Staten Island, New York 10314
STAND-UP MRI OF BENSONHURST, P.C.
110 Marcus Drive
Melville, New York 11747
STAND-UP MRI OF MANHATTAN, P.C.
253 E. 77th Street
New York, New York 10021
TRUE HEALTH PHARMACY INC.
7524 Fifth Avenue
Brooklyn, New York 11209
VITAL POINTS ACUPUNCTURE P.C.
214 Holten Avenue
Staten Island, New York 10309
WENDY A. KEISER, D.C.
168-36 Jamaica Avenue
Jamaica, New York 11432
ZQZ ACUPUNCTURE P.C.
6918 12th 2F
Avenue,
Brooklyn, New York 11228
MARTINE ARIS
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515 E. 91st 1st Floor
Street,
Brooklyn, New York 11236
JOCELYNE JEAN-JUSTE
2075 Kings Plaza
Brooklyn, New York 11234
SAMUEL GAUYO
105 E. 86th #2B
Street,
Brooklyn, New York 11236
LUILLY ACOSTACOLLADO
97-11 Horace Harding Expressway
Corona, New York 11368
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
__________________------------------X
HEREFORD INSURANCE COMPANY, Index No.:
Plaintiff, COMPLAINT
-against-
ALL CITY FAMILY HEALTHCARE CENTER, INC.,
ARD RX INC., ATLAS PT, P.C., AVENUE OF PHYSICAL
THERAPY & CHIROPRACTIC CARE, BACK PAIN
CHIROPRACTIC, PC, BACK TO BALANCE
ACUPUNCTURE, PC, BROOKLYN MCDONALD
MEDICAL CARE, PLLC, COMPLETE
NEUROPSYCHOLOGY, P.C., DAVID ISRAEL, M.D.,
DEKEL NY MEDICAL, PC, ERIC LUBIN, M.D., GORDON
C. DAVIS MEDICAL, P.C., HMP ORTHOPAEDICS, P.C.,
LONGEVITY MEDICAL SUPPLY, INC., MANAN
PATEL, MICHELE B. GLISPY, MOLNAR MEDICAL
SERVICES PC, MYOCARE PT P.C., NEW MILLENNIUM
MEDICAL IMAGING, P.C., NEW YORK PHYSICAL
THERAPY CARE, PC, NEXTSTEP HEALING, INC, PRC
SUPPLIES INC, SHAHID MIAN, M.D. P.C., SIMEON
ISAACS, M.D., ST. MARY FAMILY PHYSICAL THERAPY,
PC, STAND-UP MRI OF BENSONHURST, P.C., STAND-UP
MRI OF MANHATTAN, P.C., TRUE HEALTH
PHARMACY INC., VITAL POINTS ACUPUNCTURE P.C.,
WENDY A. KEISER, D.C., ZQZ ACUPUNCTURE P.C.,
MARTINE ARIS, JOCELYNE JEAN-JUSTE, SAMUEL
GAUYO and LUILLY ACOSTACOLLADO,
Defendants.
-----------------------------------X
Plaintiff, Hereford Insurance Company, by its attorneys, Goldberg, Miller &
Rubin, P.C., allege, on information and belief as follows:
THE PARTIES
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1. That plaintiff HEREFORD INSURANCE COMPANY ("HEREFORD"), has been
and still is an insurance organized and under the laws of the State of
company existing
New York and authorized by the State of New York to conduct the business of
insurance.
2. That defendant ALL CITY FAMILY HEALTHCARE CENTER, INC., 3632
Nostrand Avenue, Brooklyn, New York 11229, has been and still is a New York State
corporation.
3. That defendant ARD RX INC., 60-61 Myrtle Avenue, Ridgewood, New York
11385, has been and stillis a New York State corporation.
4. That defendant ATLAS PT, P.C., 1505 Emmons Avenue, Brooklyn, New York
11235, has been and stillis a New York State professional company.
5. That defendant AVENUE OF PHYSICAL THERAPY & CHIROPRACTIC CARE,
168-36 Jamaica Avenue, Jamaica, New York 11432, has been and still is a New York
State company.
6. That defendant BACK PAIN CHIROPRACTIC, PC, 42 Richard Street,
Farmingdale, New York 11735, has been and still is a New York State professional
company.
7. That defendant BACK TO BALANCE ACUPUNCTURE, PC, 1 Church Street,
Apt. 1, New Paltz, New York 12561, has been and still is a New York State professional
company.
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8. That defendant BROOKLYN MCDONALD MEDICAL CARE, PLLC, 486
McDonald Avenue, Brooklyn, New York 11432, has been and stillis a New York State
professional limited liability company.
9. That defendant COMPLETE NEUROPSYCHOLOGY, P.C., 260 Central Avenue,
#319, Lawrence, New York 11559, has been and still is a New York State professional
company.
10. That defendant DAVID ISRAEL, M.D., 100 Garden City Plaza, Suite 500, Garden
City, New York 11530, has been and stillis a New York State resident.
11. That defendant DEKEL NY MEDICAL, PC, 166 Elaine Drive, Oceanside, New
York 11572, has been and still is a New York State professional company.
12. That defendant ERIC LUBIN, M.D., 199 Denver Road, Paramus, New Jersey
07652, has been and stillis a New Jersey resident doing business in New York State.
13. That defendant GORDON C. DAVIS MEDICAL, P.C., 1611 E. New York Avenue,
Brooklyn, New York 11212, has been and still is a New York State professional
company.
14. That defendant HMP 50 E.77tl Apt. New
ORTHOPAEDICS, P.C., Street, 1C,
York, New York 10075, has been and still is a New York State professional company.
15. That defendant LONGEVITY MEDICAL 7323 20tl
SUPPLY, INC., Avenue,
Brooklyn, New York 11204, has been and still is a New York State corporation.
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16. That defendant MANAN PATEL, 1274 Richmond Avenue, Staten Island, New
York 10314, has been and still is a New York State resident.
17. That defendant MICHELE B. GLISPY, 2266 Bath Avenue, #55, Brooklyn, New
York 11214, has been and still is a New York State resident.
18. That defendant MOLNAR MEDICAL SERVICES PC, 550 Remsen Avenue,
Brooklyn, New York 11236, has been and still is a New York State professional
company.
19. That defendant MYOCARE PT P.C., 58 Mayberry Promenade, Staten Island,
New York 10312, has been and still is a New York State professional company.
20. That defendant NEW MILLENNIUM MEDICAL IMAGING, P.C., 138-48 Elder
Avenue, Flushing, New York 11355, has been and still is a New York State professional
company.
NEW YORK PHYSICAL THERAPY 96 2867
21. That defendant CARE, PC, Avenue,
Third Floor, Brooklyn, New York 11214, has been and still is a New York State
professional company.
defendant NEXTSTEP 86-10 117th Richmond
22. That HEALING, INC, Street, Hill,
New York 11418, has been and still is a New York State corporation.
23. That defendant PRC SUPPLIES INC c/o Paul Cullinane, 11 Forest Avenue, Port
Jefferson Station, New York 11776, has been and still is a New York State corporation.
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24. That defendant SHAHID MIAN, M.D. P.C., 893 Park Avenue, New York, New
York 10075, has been and still is a New York State professional company.
25. That defendant SIMEON ISAACS, M.D., 1314 Ocean Parkway, #5G, Brooklyn,
New York 11230, has been and stillis a New York State resident.
26. That defendant ST. MARY FAMILY PHYSICAL THERAPY, PC c/o Hany Zaky,
207 Merrymount Street, Staten Island, New York 10314, has been and still is a New York
State professional company.
27. That defendant STAND-UP MRI OF BENSONHURST, P.C., 110 Marcus Drive,
Melville, New York 11747, has been and still is a New York State professional company.
STAND-UP MRI OF 77th
28. That defendant MANHATTAN, P.C., 253 E. Street,
New York, New York 10021, has been and stillis a New York State professional
company.
29. That defendant TRUE HEALTH PHARMACY INC., 7524 Fifth Avenue,
Brooklyn, New York 11209, has been and still is a New York State corporation.
30. That defendant VITAL POINTS ACUPUNCTURE P.C., 214 Holten Avenue,
Staten Island, New York 10309, has been and still is a New York State professional
company.
31. That defendant WENDY A. KEISER, D.C., 168-36 Jamaica Avenue, Jamaica, New
York 11432, has been and stillis a New York State resident.
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32. That defendant ZQZ ACUPUNCTURE 6918 12th
P.C., Avenue, 2F, Brooklyn,
New York 11228, has been and still is a New York State professional company.
33. That defendant MARTINE 515 E. 91st 1st New York
ARIS, Street, Floor, Brooklyn,
11236, has been and stillis a New York State resident.
34. That defendant JOCELYNE JEAN-JUSTE, 2075 Kings Plaza, Brooklyn, New York
11234, has been and stillis a New York State resident.
35. That defendant SAMUEL 105 E. 86th New York
GAUYO, Street, #2B, Brooklyn,
11236, has been and stillis a New York State resident.
36. That defendant LUILLY ACOSTACOLLADO, 97-11 Horace Harding
Expressway, Corona, New York 11368, has been and still is a New York State resident.
DEFENDANTS'
CLAIMS
37. That on December 2, 2018, defendants MARTINE ARIS ("ARIS"), JOCELYNE
JEAN-JUSTE ("JEAN-JUSTE"), and SAMUEL GAUYO ("GAUYO") (collectively, the
"Claimants") were passengers in a HEREFORD-insured livery vehicle (the "insured
vehicle") being driven by defendant LUILLY ACOSTACOLLADO (the "insured") when
it was involved in a motor vehicle collision on East 91st Street in
allegedly Brooklyn,
New York. According to the police report, the collision happened at or near a stop sign,
and the drivers of both vehicles blamed the other for the collision. The police report
indicates the collision was very minor, as the airbags on both vehicles did not
deploy
and the collision caused less than $1,000 in damages to both vehicles. The police report
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injuries"
explicitly states there were "no and further indicates that everyone involved
declined medical attention.
38. That despite these facts, the Claimants later alleged to have sustained significant
bodily injuries as a result of the collision, and HEREFORD assigned claim number
80337 to all No-Fault claims relating to the December 2, 2018 collision.
39. That the Claimants are persons who allegedly sustained personal injuries arising
out of the use or operation of the insured motor vehicle and began treatment
receiving
from defendants ALL CITY FAMILY HEALTHCARE CENTER, INC., ARD RX INC.,
ATLAS PT, P.C., AVENUE OF PHYSICAL THERAPY & CHIROPRACTIC CARE,
BACK PAIN CHIROPRACTIC, PC, BACK TO BALANCE ACUPUNCTURE, PC,
BROOKLYN MCDONALD MEDICAL CARE, PLLC, COMPLETE
NEUROPSYCHOLOGY, P.C., DAVID ISRAEL, M.D., DEKEL NY MEDICAL, PC, ERIC
LUBIN, M.D., GORDON C. DAVIS MEDICAL, P.C., HMP ORTHOPAEDICS, P.C.,
LONGEVITY MEDICAL SUPPLY, INC., MANAN PATEL, MICHELE B. GLISPY,
MOLNAR MEDICAL SERVICES PC, MYOCARE PT P.C., NEW MILLENNIUM
MEDICAL IMAGING, P.C., NEW YORK PHYSICAL THERAPY CARE, PC, NEXTSTEP
HEALING, INC, PRC SUPPLIES INC, SHAHID MIAN, M.D. P.C., SIMEON ISAACS,
M.D., ST. MARY FAMILY PHYSICAL THERAPY, PC, STAND-UP MRI OF
BENSONHURST, P.C., STAND-UP MRI OF MANHATTAN, P.C., TRUE HEALTH
PHARMACY INC., VITAL POINTS ACUPUNCTURE P.C., WENDY A. KEISER, D.C.,
and ZQZ ACUPUNCTURE P.C. (collectively, the "Medical Provider Defendants").
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Hire"
40. That prior to December 2, 2018, HEREFORD issued a "New York For
automobile insurance policy no. CA283424 (the "Policy") to the insured, for the insured
vehicle, occupants of the insured vehicle for medical and
covering any any necessity
causally related medical expenses suffered arising out of the use or operation of the
insured vehicle as a result of an accidental collision or any other person who sustains
personal injury arising out of the use or operation of the insured vehicle in New York
State. The Policy also includes uninsured, supplementary uninsured, underinsured,
and liability coverage.
41. That to date, the Medical Provider Defendants have submitted tens of thousands
of dollars in No-Fault claims for treatment allegedly provided to the Claimants,
exclusive of interest and attorney's fees.
APPLICABLE NO-FAULT REGULATIONS
42. That under 11 N.Y.C.R.R. § 65-1.1, which governs No-Fault claims for the
Endorsement"
Claimants, the "Mandatory Personal Injury Protection of the regulation
requires insurers such as HEREFORD provide No-Fault benefits to persons injured in
the use or operation of vehicles in New York State, subject to certain conditions and
terms.
person"
43. That an "eligible injured is defined as:
(a) the named insured and any relative who sustains personal injury
arising out of the use or operation of any motor vehicle;
* * *
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(c) any other person who sustains personal injury arising out of the use
or operation of the insured motor vehicle in the State of New York
while not another motor vehicle[.]
occupying
"Conditions"
44. That the provision of the Mandatory Personal Protection
Injury
Endorsement states:
No action shall lie against the Company unless, as a condition precedent
thereto, there shall have been full compliance with the terms of this
coverage.
* * *
Upon request by the Company, the eligible injured person or that person's
assignee or representative shall:
* * *
as be required submit to examinations under
(b) may reasonably
oath by any person named by the Company and subscribe the
same.
The eligible injured person shall submit to medical examination by
physicians selected by, or acceptable to, the Company when, and as often
as, the Company may reasonably require.
APPLICABLE UNINSURED, SUPPLEMENTARY
UNINSURED/UNDERINSURED MOTORIST COVERAGE PROVISIONS
45. That the Uninsured Motorists Endorsement provides:
INSURING AGREEMENTS
1. Damages for Bodily Injury Caused by Uninsured Motor Vehicles.
We will pay all sums which the insured, as defined herein, or the
insured's legal representative, shall be entitled to recover as
legally
damages from the owner or operator of an uninsured motor vehicle
because of bodily injury sustained by the insured, and caused
by
accident arising out of such uninsured motor vehicle's ownership,
maintenance or use, subject to the Exclusions, Conditions, Limits
and other provisions of this UM endorsement. . .
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CONDITIONS
1. Policy Provisions
None of the Insuring Agreements, Exclusions or Conditions
of the policy
shall apply to this UM coverage except "Duties
"Termination"
After an Accident or Loss"; "Fraud"; and if
applicable.
46. That the Supplementary Uninsured/Underinsured Motorists Endorsement
provides:
2. Damages for Bodily Injury Caused by Uninsured Motor Vehicles.
We will pay all sums that the insured or the insured's legal
representative shall be legally entitled to recover as damages
from the owner or operator of an uninsured motor vehicle
because of bodily injury sustained by the insured, caused by
an accident arising out of such uninsured motor vehicle's
ownership, maintenance or use, subject to the Exclusions,
Conditions, Limits and other provisions of this SUM
endorsement.
CONDITIONS
1. Policy Provisions
None of the Insuring Agreements, Exclusions or Conditions
of the policy shall apply to this SUM coverage except: "Duties
"Termination"
After an Accident or Loss"; "Fraud"; and if
applicable.
- 08)"
47. That the Policy, Section "K. New York Changes Fraud (IL 01 83 08 states:
We do not provide coverage for any
insured ("insured") who has made
fraudulent statements or engaged in fraudulent conduct in connection with
any loss ("loss") or damage for which coverage is sought under this policy.
APPLICABLE LIABILITY COVERAGE PROVISIONS
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48. That the Policy, Section "C. New York For Hire Automobile Policy (HIC-CAL
0/09)"
provides:
I. INSURING AGREEMENTS
"Insured"
A. The company agrees to sums which the
pay any may
become obligated to pay by reason of the liability imposed law
by
"Insured"
upon the for damages for and incident to death or injuries
to persons for damages for and incident to injury or destruction of
resulting from the ownership, operation, maintenance, use
property
or defective construction of the motor vehicles described in the
Declarations, or any of them, if suffered or alleged to have been
suffered within the United States of America of the Dominion of
Canada, during the policy period by any person other persons,
except as hereinafter provided.
B. The Company, subject to the policy terms, agrees to:
"accidents"
1. Investigate all reported covered hereby;
"Insured"
2. To defend in the name and on behalf of the any
"Insured"
suits, even if groundless, brought against the to
recover damages covered by this Policy, with the right to
make such investigation, negotiation and settlement as it
deems expedient.
IV. CONDITIONS
G. Notice, Claims and Suits
"Insured"
1. The or their representative shall give to the
Company or its authorized agent, as soon as possible, written
notice of any accident causing loss covered hereby and shall
also give like notice of claims for damages on account of such
"Insured"
accidents. If any suit is brought against the to
"Insured"
recover such damages, the shall as soon as possible,
forward to the Company every summons or other process
served upon him. The Company shall have the exclusive
Preview
FILED: NEW YORK COUNTY CLERK 12/27/2019 12:40 PM INDEX NO. 657719/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/27/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK . . . X HEREFORD INSURANCE COMPANY, Index No.: Plaintiff, SUMMONS -against- Plaintiffdesignates New York County as a placeof trial ALL CITY FAMILY HEALTHCARE CENTER, INC., Basis of venue is address of ARD RX INC., ATLAS PT, P.C., AVENUE OF PHYSICAL defendant: HMP THERAPY & CHIROPRACTIC CARE, BACK PAIN ORTHOPAEDICS, P.C. CHIROPRACTIC, PC, BACK TO BALANCE ACUPUNCTURE, PC, BROOKLYN MCDONALD Plaintiff's address: MEDICAL COMPLETE 36-01 43rd 2nd FlOOT CARE, PLLC, Avenue, NEUROPSYCHOLOGY, P.C., DAVID ISRAEL, M.D., Long Island City, New York DEKEL NY MEDICAL, PC, ERIC LUBIN, M.D., GORDON C. DAVIS MEDICAL, P.C., HMP ORTHOPAEDICS, P.C., LONCEVITY MEDICAL SUPPLY, INC., MANAN PATEL, MICHELE B. GLISPY, MOLNAR MEDICAL SERVICES PC, MYOCARE PT P.C., NEW MILLENNIUM MEDICAL IMAGING, P.C., NEW YORK PHYSICAL THERAPY CARE, PC, NEXTSTEP HEALING, INC, PRC SUPPLIES INC, SHAHID MIAN, M.D. P.C., SIMEON ISAACS, M.D., ST. MARY FAMILY PHYSICAL THERAPY, PC, STAND-UP MRI OF BENSONHURST, P.C., STAND-UP MRI OF MANHATTAN, P.C., TRUE HEALTH PHARMACY INC., VITAL POINTS ACUPUNCTURE P.C., WENDY A. KEISER, D.C., ZQZ ACUPUNCTURE P.C., MARTINE ARIS, JOCELYNE JEAN-JUSTE, SAMUEL GAUYO and LUILLY ACOSTACOLLADO, Defendants. . ...... ....... .. X To the above-named defendants: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a of your answer, or, ifthe complaint is not served with this summons, to copy serve a notice of appearance, on the plaintiff's attorney(s) within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State 1 of 26 FILED: NEW YORK COUNTY CLERK 12/27/2019 12:40 PM INDEX NO. 657719/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/27/2019 of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: New York, New York December 27, 2019 GOLDBERG, MILLER & RUBIN, P.C. Attorneys for Plaintiff 60 E. 42nd Suite 520 Street, New York, New York 10017 (646) 863-1531 File No.: HF.00181 2 of 26 FILED: NEW YORK COUNTY CLERK 12/27/2019 12:40 PM INDEX NO. 657719/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/27/2019 DEFENDANTS' ADDRESSES ALL CITY FAMILY HEALTHCARE CENTER, INC. 3632 Nostrand Avenue Brooklyn, New York 11229 ARD RX INC. 60-61 Myrtle Avenue Ridgewood, New York 11385 ATLAS PT, P.C. 1505 Emmons Avenue Brooklyn, New York 11235 AVENUE OF PHYSICAL THERAPY & CHIROPRACTIC CARE 168-36 Jamaica Avenue Jamaica, New York 11432 BACK PAIN CHIROPRACTIC, PC 42 Richard Street Farmingdale, New York 11735 BACK TO BALANCE ACUPUNCTURE, PC 1 Church Street, Apt. 1 New Paltz, New York 12561 BROOKLYN MCDONALD MEDICAL CARE, PLLC 486 McDonald Avenue Brooklyn, New York 11432 COMPLETE NEUROPSYCHOLOGY, P.C. 260 Central Avenue, #319 Lawrence, New York 11559 DAVID ISRAEL, M.D. 100 Garden City Plaza, Suite 500 Garden City, New York 11530 DEKEL NY MEDICAL, PC 166 Elaine Drive Oceanside, New York 11572 ERIC LUBIN, M.D. 3 of 26 FILED: NEW YORK COUNTY CLERK 12/27/2019 12:40 PM INDEX NO. 657719/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/27/2019 199 Denver Road Paramus, New Jersey 07652 GORDON C. DAVIS MEDICAL, P.C. 1611 E. New York Avenue Brooklyn, New York 11212 HMP ORTHOPAEDICS, P.C. 50 E. 77th Apt. 1C Street, New York, New York 10075 LONGEVITY MEDICAL SUPPLY, INC. 7323 20th Avenue Brooklyn, New York 11204 MANAN PATEL 1274 Richmond Avenue Staten Island, New York 10314 MICHELE B. GLISPY 2266 Bath Avenue, #55 Brooklyn, New York 11214 MOLNAR MEDICAL SERVICES PC 550 Remsen Avenue Brooklyn, New York 11236 MYOCARE PT P.C. 58 Mayberry Promenade Staten Island, New York 10312 NEW MILLENNIUM MEDICAL IMAGING, P.C. 138-48 Elder Avenue Flushing, New York 11355 NEW YORK PHYSICAL THERAPY CARE, PC 96 28th Third Floor Avenue, Brooklyn, New York 11214 NEXTSTEP HEALING, INC 86-10 117th Street Richmond Hill, New York 11418 4 of 26 FILED: NEW YORK COUNTY CLERK 12/27/2019 12:40 PM INDEX NO. 657719/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/27/2019 PRC SUPPLIES INC c/o Paul Cullinane 11 Forest Avenue Port Jefferson Station, New York 11776 SHAHID MIAN, M.D. P.C. 893 Park Avenue New York, New York 10075 SIMEON ISAACS, M.D. 1314 Ocean Parkway, #5G Brooklyn, New York 11230 ST. MARY FAMILY PHYSICAL THERAPY, PC c/o Hany Zaky 207 Merrymount Street Staten Island, New York 10314 STAND-UP MRI OF BENSONHURST, P.C. 110 Marcus Drive Melville, New York 11747 STAND-UP MRI OF MANHATTAN, P.C. 253 E. 77th Street New York, New York 10021 TRUE HEALTH PHARMACY INC. 7524 Fifth Avenue Brooklyn, New York 11209 VITAL POINTS ACUPUNCTURE P.C. 214 Holten Avenue Staten Island, New York 10309 WENDY A. KEISER, D.C. 168-36 Jamaica Avenue Jamaica, New York 11432 ZQZ ACUPUNCTURE P.C. 6918 12th 2F Avenue, Brooklyn, New York 11228 MARTINE ARIS 5 of 26 FILED: NEW YORK COUNTY CLERK 12/27/2019 12:40 PM INDEX NO. 657719/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/27/2019 515 E. 91st 1st Floor Street, Brooklyn, New York 11236 JOCELYNE JEAN-JUSTE 2075 Kings Plaza Brooklyn, New York 11234 SAMUEL GAUYO 105 E. 86th #2B Street, Brooklyn, New York 11236 LUILLY ACOSTACOLLADO 97-11 Horace Harding Expressway Corona, New York 11368 6 of 26 FILED: NEW YORK COUNTY CLERK 12/27/2019 12:40 PM INDEX NO. 657719/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/27/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK __________________------------------X HEREFORD INSURANCE COMPANY, Index No.: Plaintiff, COMPLAINT -against- ALL CITY FAMILY HEALTHCARE CENTER, INC., ARD RX INC., ATLAS PT, P.C., AVENUE OF PHYSICAL THERAPY & CHIROPRACTIC CARE, BACK PAIN CHIROPRACTIC, PC, BACK TO BALANCE ACUPUNCTURE, PC, BROOKLYN MCDONALD MEDICAL CARE, PLLC, COMPLETE NEUROPSYCHOLOGY, P.C., DAVID ISRAEL, M.D., DEKEL NY MEDICAL, PC, ERIC LUBIN, M.D., GORDON C. DAVIS MEDICAL, P.C., HMP ORTHOPAEDICS, P.C., LONGEVITY MEDICAL SUPPLY, INC., MANAN PATEL, MICHELE B. GLISPY, MOLNAR MEDICAL SERVICES PC, MYOCARE PT P.C., NEW MILLENNIUM MEDICAL IMAGING, P.C., NEW YORK PHYSICAL THERAPY CARE, PC, NEXTSTEP HEALING, INC, PRC SUPPLIES INC, SHAHID MIAN, M.D. P.C., SIMEON ISAACS, M.D., ST. MARY FAMILY PHYSICAL THERAPY, PC, STAND-UP MRI OF BENSONHURST, P.C., STAND-UP MRI OF MANHATTAN, P.C., TRUE HEALTH PHARMACY INC., VITAL POINTS ACUPUNCTURE P.C., WENDY A. KEISER, D.C., ZQZ ACUPUNCTURE P.C., MARTINE ARIS, JOCELYNE JEAN-JUSTE, SAMUEL GAUYO and LUILLY ACOSTACOLLADO, Defendants. -----------------------------------X Plaintiff, Hereford Insurance Company, by its attorneys, Goldberg, Miller & Rubin, P.C., allege, on information and belief as follows: THE PARTIES 7 of 26 FILED: NEW YORK COUNTY CLERK 12/27/2019 12:40 PM INDEX NO. 657719/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/27/2019 1. That plaintiff HEREFORD INSURANCE COMPANY ("HEREFORD"), has been and still is an insurance organized and under the laws of the State of company existing New York and authorized by the State of New York to conduct the business of insurance. 2. That defendant ALL CITY FAMILY HEALTHCARE CENTER, INC., 3632 Nostrand Avenue, Brooklyn, New York 11229, has been and still is a New York State corporation. 3. That defendant ARD RX INC., 60-61 Myrtle Avenue, Ridgewood, New York 11385, has been and stillis a New York State corporation. 4. That defendant ATLAS PT, P.C., 1505 Emmons Avenue, Brooklyn, New York 11235, has been and stillis a New York State professional company. 5. That defendant AVENUE OF PHYSICAL THERAPY & CHIROPRACTIC CARE, 168-36 Jamaica Avenue, Jamaica, New York 11432, has been and still is a New York State company. 6. That defendant BACK PAIN CHIROPRACTIC, PC, 42 Richard Street, Farmingdale, New York 11735, has been and still is a New York State professional company. 7. That defendant BACK TO BALANCE ACUPUNCTURE, PC, 1 Church Street, Apt. 1, New Paltz, New York 12561, has been and still is a New York State professional company. 8 of 26 FILED: NEW YORK COUNTY CLERK 12/27/2019 12:40 PM INDEX NO. 657719/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/27/2019 8. That defendant BROOKLYN MCDONALD MEDICAL CARE, PLLC, 486 McDonald Avenue, Brooklyn, New York 11432, has been and stillis a New York State professional limited liability company. 9. That defendant COMPLETE NEUROPSYCHOLOGY, P.C., 260 Central Avenue, #319, Lawrence, New York 11559, has been and still is a New York State professional company. 10. That defendant DAVID ISRAEL, M.D., 100 Garden City Plaza, Suite 500, Garden City, New York 11530, has been and stillis a New York State resident. 11. That defendant DEKEL NY MEDICAL, PC, 166 Elaine Drive, Oceanside, New York 11572, has been and still is a New York State professional company. 12. That defendant ERIC LUBIN, M.D., 199 Denver Road, Paramus, New Jersey 07652, has been and stillis a New Jersey resident doing business in New York State. 13. That defendant GORDON C. DAVIS MEDICAL, P.C., 1611 E. New York Avenue, Brooklyn, New York 11212, has been and still is a New York State professional company. 14. That defendant HMP 50 E.77tl Apt. New ORTHOPAEDICS, P.C., Street, 1C, York, New York 10075, has been and still is a New York State professional company. 15. That defendant LONGEVITY MEDICAL 7323 20tl SUPPLY, INC., Avenue, Brooklyn, New York 11204, has been and still is a New York State corporation. 9 of 26 FILED: NEW YORK COUNTY CLERK 12/27/2019 12:40 PM INDEX NO. 657719/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/27/2019 16. That defendant MANAN PATEL, 1274 Richmond Avenue, Staten Island, New York 10314, has been and still is a New York State resident. 17. That defendant MICHELE B. GLISPY, 2266 Bath Avenue, #55, Brooklyn, New York 11214, has been and still is a New York State resident. 18. That defendant MOLNAR MEDICAL SERVICES PC, 550 Remsen Avenue, Brooklyn, New York 11236, has been and still is a New York State professional company. 19. That defendant MYOCARE PT P.C., 58 Mayberry Promenade, Staten Island, New York 10312, has been and still is a New York State professional company. 20. That defendant NEW MILLENNIUM MEDICAL IMAGING, P.C., 138-48 Elder Avenue, Flushing, New York 11355, has been and still is a New York State professional company. NEW YORK PHYSICAL THERAPY 96 2867 21. That defendant CARE, PC, Avenue, Third Floor, Brooklyn, New York 11214, has been and still is a New York State professional company. defendant NEXTSTEP 86-10 117th Richmond 22. That HEALING, INC, Street, Hill, New York 11418, has been and still is a New York State corporation. 23. That defendant PRC SUPPLIES INC c/o Paul Cullinane, 11 Forest Avenue, Port Jefferson Station, New York 11776, has been and still is a New York State corporation. 10 of 26 FILED: NEW YORK COUNTY CLERK 12/27/2019 12:40 PM INDEX NO. 657719/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/27/2019 24. That defendant SHAHID MIAN, M.D. P.C., 893 Park Avenue, New York, New York 10075, has been and still is a New York State professional company. 25. That defendant SIMEON ISAACS, M.D., 1314 Ocean Parkway, #5G, Brooklyn, New York 11230, has been and stillis a New York State resident. 26. That defendant ST. MARY FAMILY PHYSICAL THERAPY, PC c/o Hany Zaky, 207 Merrymount Street, Staten Island, New York 10314, has been and still is a New York State professional company. 27. That defendant STAND-UP MRI OF BENSONHURST, P.C., 110 Marcus Drive, Melville, New York 11747, has been and still is a New York State professional company. STAND-UP MRI OF 77th 28. That defendant MANHATTAN, P.C., 253 E. Street, New York, New York 10021, has been and stillis a New York State professional company. 29. That defendant TRUE HEALTH PHARMACY INC., 7524 Fifth Avenue, Brooklyn, New York 11209, has been and still is a New York State corporation. 30. That defendant VITAL POINTS ACUPUNCTURE P.C., 214 Holten Avenue, Staten Island, New York 10309, has been and still is a New York State professional company. 31. That defendant WENDY A. KEISER, D.C., 168-36 Jamaica Avenue, Jamaica, New York 11432, has been and stillis a New York State resident. 11 of 26 FILED: NEW YORK COUNTY CLERK 12/27/2019 12:40 PM INDEX NO. 657719/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/27/2019 32. That defendant ZQZ ACUPUNCTURE 6918 12th P.C., Avenue, 2F, Brooklyn, New York 11228, has been and still is a New York State professional company. 33. That defendant MARTINE 515 E. 91st 1st New York ARIS, Street, Floor, Brooklyn, 11236, has been and stillis a New York State resident. 34. That defendant JOCELYNE JEAN-JUSTE, 2075 Kings Plaza, Brooklyn, New York 11234, has been and stillis a New York State resident. 35. That defendant SAMUEL 105 E. 86th New York GAUYO, Street, #2B, Brooklyn, 11236, has been and stillis a New York State resident. 36. That defendant LUILLY ACOSTACOLLADO, 97-11 Horace Harding Expressway, Corona, New York 11368, has been and still is a New York State resident. DEFENDANTS' CLAIMS 37. That on December 2, 2018, defendants MARTINE ARIS ("ARIS"), JOCELYNE JEAN-JUSTE ("JEAN-JUSTE"), and SAMUEL GAUYO ("GAUYO") (collectively, the "Claimants") were passengers in a HEREFORD-insured livery vehicle (the "insured vehicle") being driven by defendant LUILLY ACOSTACOLLADO (the "insured") when it was involved in a motor vehicle collision on East 91st Street in allegedly Brooklyn, New York. According to the police report, the collision happened at or near a stop sign, and the drivers of both vehicles blamed the other for the collision. The police report indicates the collision was very minor, as the airbags on both vehicles did not deploy and the collision caused less than $1,000 in damages to both vehicles. The police report 12 of 26 FILED: NEW YORK COUNTY CLERK 12/27/2019 12:40 PM INDEX NO. 657719/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/27/2019 injuries" explicitly states there were "no and further indicates that everyone involved declined medical attention. 38. That despite these facts, the Claimants later alleged to have sustained significant bodily injuries as a result of the collision, and HEREFORD assigned claim number 80337 to all No-Fault claims relating to the December 2, 2018 collision. 39. That the Claimants are persons who allegedly sustained personal injuries arising out of the use or operation of the insured motor vehicle and began treatment receiving from defendants ALL CITY FAMILY HEALTHCARE CENTER, INC., ARD RX INC., ATLAS PT, P.C., AVENUE OF PHYSICAL THERAPY & CHIROPRACTIC CARE, BACK PAIN CHIROPRACTIC, PC, BACK TO BALANCE ACUPUNCTURE, PC, BROOKLYN MCDONALD MEDICAL CARE, PLLC, COMPLETE NEUROPSYCHOLOGY, P.C., DAVID ISRAEL, M.D., DEKEL NY MEDICAL, PC, ERIC LUBIN, M.D., GORDON C. DAVIS MEDICAL, P.C., HMP ORTHOPAEDICS, P.C., LONGEVITY MEDICAL SUPPLY, INC., MANAN PATEL, MICHELE B. GLISPY, MOLNAR MEDICAL SERVICES PC, MYOCARE PT P.C., NEW MILLENNIUM MEDICAL IMAGING, P.C., NEW YORK PHYSICAL THERAPY CARE, PC, NEXTSTEP HEALING, INC, PRC SUPPLIES INC, SHAHID MIAN, M.D. P.C., SIMEON ISAACS, M.D., ST. MARY FAMILY PHYSICAL THERAPY, PC, STAND-UP MRI OF BENSONHURST, P.C., STAND-UP MRI OF MANHATTAN, P.C., TRUE HEALTH PHARMACY INC., VITAL POINTS ACUPUNCTURE P.C., WENDY A. KEISER, D.C., and ZQZ ACUPUNCTURE P.C. (collectively, the "Medical Provider Defendants"). 13 of 26 FILED: NEW YORK COUNTY CLERK 12/27/2019 12:40 PM INDEX NO. 657719/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/27/2019 Hire" 40. That prior to December 2, 2018, HEREFORD issued a "New York For automobile insurance policy no. CA283424 (the "Policy") to the insured, for the insured vehicle, occupants of the insured vehicle for medical and covering any any necessity causally related medical expenses suffered arising out of the use or operation of the insured vehicle as a result of an accidental collision or any other person who sustains personal injury arising out of the use or operation of the insured vehicle in New York State. The Policy also includes uninsured, supplementary uninsured, underinsured, and liability coverage. 41. That to date, the Medical Provider Defendants have submitted tens of thousands of dollars in No-Fault claims for treatment allegedly provided to the Claimants, exclusive of interest and attorney's fees. APPLICABLE NO-FAULT REGULATIONS 42. That under 11 N.Y.C.R.R. § 65-1.1, which governs No-Fault claims for the Endorsement" Claimants, the "Mandatory Personal Injury Protection of the regulation requires insurers such as HEREFORD provide No-Fault benefits to persons injured in the use or operation of vehicles in New York State, subject to certain conditions and terms. person" 43. That an "eligible injured is defined as: (a) the named insured and any relative who sustains personal injury arising out of the use or operation of any motor vehicle; * * * 14 of 26 FILED: NEW YORK COUNTY CLERK 12/27/2019 12:40 PM INDEX NO. 657719/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/27/2019 (c) any other person who sustains personal injury arising out of the use or operation of the insured motor vehicle in the State of New York while not another motor vehicle[.] occupying "Conditions" 44. That the provision of the Mandatory Personal Protection Injury Endorsement states: No action shall lie against the Company unless, as a condition precedent thereto, there shall have been full compliance with the terms of this coverage. * * * Upon request by the Company, the eligible injured person or that person's assignee or representative shall: * * * as be required submit to examinations under (b) may reasonably oath by any person named by the Company and subscribe the same. The eligible injured person shall submit to medical examination by physicians selected by, or acceptable to, the Company when, and as often as, the Company may reasonably require. APPLICABLE UNINSURED, SUPPLEMENTARY UNINSURED/UNDERINSURED MOTORIST COVERAGE PROVISIONS 45. That the Uninsured Motorists Endorsement provides: INSURING AGREEMENTS 1. Damages for Bodily Injury Caused by Uninsured Motor Vehicles. We will pay all sums which the insured, as defined herein, or the insured's legal representative, shall be entitled to recover as legally damages from the owner or operator of an uninsured motor vehicle because of bodily injury sustained by the insured, and caused by accident arising out of such uninsured motor vehicle's ownership, maintenance or use, subject to the Exclusions, Conditions, Limits and other provisions of this UM endorsement. . . 15 of 26 FILED: NEW YORK COUNTY CLERK 12/27/2019 12:40 PM INDEX NO. 657719/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/27/2019 CONDITIONS 1. Policy Provisions None of the Insuring Agreements, Exclusions or Conditions of the policy shall apply to this UM coverage except "Duties "Termination" After an Accident or Loss"; "Fraud"; and if applicable. 46. That the Supplementary Uninsured/Underinsured Motorists Endorsement provides: 2. Damages for Bodily Injury Caused by Uninsured Motor Vehicles. We will pay all sums that the insured or the insured's legal representative shall be legally entitled to recover as damages from the owner or operator of an uninsured motor vehicle because of bodily injury sustained by the insured, caused by an accident arising out of such uninsured motor vehicle's ownership, maintenance or use, subject to the Exclusions, Conditions, Limits and other provisions of this SUM endorsement. CONDITIONS 1. Policy Provisions None of the Insuring Agreements, Exclusions or Conditions of the policy shall apply to this SUM coverage except: "Duties "Termination" After an Accident or Loss"; "Fraud"; and if applicable. - 08)" 47. That the Policy, Section "K. New York Changes Fraud (IL 01 83 08 states: We do not provide coverage for any insured ("insured") who has made fraudulent statements or engaged in fraudulent conduct in connection with any loss ("loss") or damage for which coverage is sought under this policy. APPLICABLE LIABILITY COVERAGE PROVISIONS 16 of 26 FILED: NEW YORK COUNTY CLERK 12/27/2019 12:40 PM INDEX NO. 657719/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/27/2019 48. That the Policy, Section "C. New York For Hire Automobile Policy (HIC-CAL 0/09)" provides: I. INSURING AGREEMENTS "Insured" A. The company agrees to sums which the pay any may become obligated to pay by reason of the liability imposed law by "Insured" upon the for damages for and incident to death or injuries to persons for damages for and incident to injury or destruction of resulting from the ownership, operation, maintenance, use property or defective construction of the motor vehicles described in the Declarations, or any of them, if suffered or alleged to have been suffered within the United States of America of the Dominion of Canada, during the policy period by any person other persons, except as hereinafter provided. B. The Company, subject to the policy terms, agrees to: "accidents" 1. Investigate all reported covered hereby; "Insured" 2. To defend in the name and on behalf of the any "Insured" suits, even if groundless, brought against the to recover damages covered by this Policy, with the right to make such investigation, negotiation and settlement as it deems expedient. IV. CONDITIONS G. Notice, Claims and Suits "Insured" 1. The or their representative shall give to the Company or its authorized agent, as soon as possible, written notice of any accident causing loss covered hereby and shall also give like notice of claims for damages on account of such "Insured" accidents. If any suit is brought against the to "Insured" recover such damages, the shall as soon as possible, forward to the Company every summons or other process served upon him. The Company shall have the exclusive