The opinion
Erie Ins. Co. of N.Y. v Jeannot
2024 NY Slip Op 33032(U)
August 28, 2024
Supreme Court, New York County
Docket Number: Index No. 150196/2024
Judge: Mary V. Rosado
Cases posted with a "30000" identifier, i.e., 2013 NY Slip
Op 30001(U), are republished from various New York
State and local government sources, including the New
York State Unified Court System's eCourts Service.
This opinion is uncorrected and not selected for official
publication.
INDEX NO. 150196/2024
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 08/28/2024
SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
PRESENT: HON. MARY V. ROSADO PART 33M
Justice
-------------------------------------------------------X INDEX NO. 150196/2024
ERIE INSURANCE COMPANY OF NEW YORK,
MOTION DATE 05/21/2024
Plaintiff,
MOTION SEQ. NO. 001
- V -
JACQUES JEANNOT, ACTIVE LIFE CHIROPRACTIC
P.C.,ANARAFENA MEDICAL, PLLC,ANTARAM
INC.,APTECHKA RX INC.,ATLANTIC MEDICAL &
DIAGNOSTIC, P.C.,BANAY PHYSICAL THERAPY
P.C.,BROWN STONE ACUPUNCTURE P.C.,CITY ORTHO
TRADING lNC.,CORONA FAMILY CHIROPRACTIC CARE,
P.C.,CR MEDICAL CARE, PLLC,DR. RIOTTO
CHIROPRACTIC, P.C.,EASY CARE MEDICAL SERVICES
P.C.,EQUIP SERVICES INC.,GOAL PHYSICAL THERAPY
P.C.,JULES F. PARISIEN, LENOX HILL RADIOLOGY AND
MEDICAL IMAGING ASSOCIATES, P.C.,LR MEDICAL,
DECISION + ORDER ON
PLLC,MEDEX DIAGNOSTIC AND TREATMENT CENTER,
LLC,METROCARE MEDICAL P.C.,MODERN RX
MOTION
PHARMACY INC, NEW YORK INTERVENTIONAL PAIN
PHYSICIANS, NEXT GENERATION DIAGNOSTIC
IMAGING P.C.,PROMPT MEDICAL GROUP INC.,PROMPT
MEDICAL SPINE CARE, PLLC,QUALITY ORTHOPEDICS
AND COMPLETE JOINT CARE P.C.,RIDGEWOOD DRUG
INC.,RIGHT CHOICE SUPPLY INC.,ROMAN
VAYNSHTEYN CHIROPRACTIC, P.C.,SKILLMAN
CHEMISTS CORP., SUNSET MEDICAL SUPPLY INC,
WASSEF MEDICAL SERVICES P.C.
Defendants.
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The following e-filed documents, listed by NYSCEF document number (Motion 001) 15, 16, 17, 18, 19,
20, 21, 22,23, 24,25,26,27, 28, 29, 30, 31
were read on this motion to/for JUDGMENT - DEFAULT
Upon the foregoing documents, there being no opposition and good cause having been
shown, Plaintiff Erie Insurance Company of New Yark' s ("Plaintiff') motion for default judgment
against Defendants Active Life Chiropractic P.C., Aptechka RX Inc., Atlantic Medical &
Diagnostic, P.C., Banay Physical Therapy P.C., Brown Stone Acupuncture P.C., City Ortho
Trading Inc., Corona Family Chiropractic Care, P.C., CR Medical Care P.L.L.C., Medex
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Motion No. 001
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INDEX NO. 150196/2024
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 08/28/2024
Diagnostic and Treatment Center, LLC, Metrocare Medical P.C., Modem RX Pharmacy Inc,
Prompt Medical Spine Care, PLLC, Quality Orthopedics and Complete Joint Care P.C., Right
Choice Supply Inc, and Sunset Medical Supply Inc. (together, "Defaulting Defendants") is
granted.
An applicant for default judgment against a defendant must submit: (i) proof of service of
the summons and complaint, (ii) proof of the facts constituting the claim, and (iii) proof of the
defaulting defendant's failure to answer or appear (PV Holding Corp v AB Quality Health Supply
Corp, 189 AD3d 645 [1st Dept 2020]). Affidavits submitted in support of a motion for default
judgment only need to allege enough facts to allow a court to assess where a viable cause of action
exists (Woodson v Mendon Leasing Corp., 100 NY2d 62, 71 [2003]). In undertaking this review,
the Court is mindful that "defaulters are deemed to have admitted all factual allegations in the
complaint and all reasonable inferences that flow from them (Al Fayed v Barak, 39 AD3d 371,
372 [1st Dept 2007]).
The Court finds that Plaintiff has satisfied proof of service with respect to the Defaulting
Defendants by filing affidavits of service for each Defaulting Defendant (NYSCEF Doc. 18).
Plaintiff has also satisfied its minimal burden of proving the facts constituting its claim by filing
an Affidavit of Merit sworn to April 24, 2024 (NYSCEF Doc. 20). Further, Defaulting Defendants
have failed to file answers or otherwise appear in this action despite their time for doing so having
expired. 1 Therefore, entry of default judgment against the Defaulting Defendants and in favor of
Plaintiff is appropriate.
1
Corona Family Chiropractic Care, P.C. ("CFCC") was served with the Summons and Verified Complaint through
the Secretary of State on January 12, 2024 (NYSCEF Doc. 18 at 11 ). Pursuant to CPLR 320(a) CFCC was required
to file an answer or otherwise appear in this action within 30 days of service of the Summons. However, CFCC did
not file its Answer until February 29, 2024, after the expiration of their 30-day deadline (NYSCEF Doc. 11). Plaintiff
filed a Notice of Rejection of CFCC's Answer dated February 29, 2024 (NYSCEF Doc. 12). CFCC has not opposed
Plaintiffs motion for default judgment nor moved to compel Plaintiff to accept its untimely Answer.
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Motion No. 001
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INDEX NO. 150196/2024
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 08/28/2024
Accordingly, it is hereby,
ORDERED that Plaintiff Erie Insurance Company of New York's motion for default
judgment against Defaulting Defendants Active Life Chiropractic P.C., Aptechka RX Inc.,
Atlantic Medical & Diagnostic, P.C., Banay Physical Therapy P.C., Brown Stone Acupuncture
P.C., City Ortho Trading Inc., Corona Family Chiropractic Care, P.C., CR Medical Care P.L.L.C.,
Medex Diagnostic and Treatment Center, LLC, Metrocare Medical P.C., Modem RX Pharmacy
Inc, Prompt Medical Spine Care, PLLC, Quality Orthopedics and Complete Joint Care P.C., Right
Choice Supply Inc, and Sunset Medical Supply Inc. is granted; and it is further
ORDERED, ADruDGED and DECLARED that Plaintiff Erie Insurance Company of New
York owes no duty to Defaulting Defendants Active Life Chiropractic P.C., Aptechka RX Inc.,
Atlantic Medical & Diagnostic, P.C., Banay Physical Therapy P.C., Brown Stone Acupuncture
P.C., City Ortho Trading Inc., Corona Family Chiropractic Care, P.C., CR Medical Care P.L.L.C.,
Medex Diagnostic and Treatment Center, LLC, Metrocare Medical P.C., Modem RX Pharmacy
Inc, Prompt Medical Spine Care, PLLC, Quality Orthopedics and Complete Joint Care P.C., Right
Choice Supply Inc, and Sunset Medical Supply Inc. to pay No-Fault claims with respect to the
January 30, 2023 collision referenced in the Complaint; and it is further
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Motion No. 001
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INDEX NO. 150196/2024
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 08/28/2024
ORDERED, ADJUDGED and DECLARED that Defaulting Defendants Active Life
Chiropractic P.C., Aptechka RX Inc., Atlantic Medical & Diagnostic, P.C., Banay Physical
Therapy P.C., Brown Stone Acupuncture P.C., City Ortho Trading Inc., Corona Family
Chiropractic Care, P.C., CR Medical Care P.L.L.C., Medex Diagnostic and Treatment Center,
LLC, Metrocare Medical P .C., Modem RX Pharmacy Inc, Prompt Medical Spine Care, PLLC,
Quality Orthopedics and Complete Joint Care P.C., Right Choice Supply Inc, and Sunset Medical
Supply Inc. have no rights to collect No-Fault benefits relating to the January 30, 2023 collision
referenced in the Complaint; and it is further
ORDERED, ADJUDGED and DECLARED that all lawsuits or arbitrations brought by
Defaulting Defendants Active Life Chiropractic P.C., Aptechka RX Inc., Atlantic Medical &
Diagnostic, P.C., Banay Physical Therapy P.C., Brown Stone Acupuncture P.C., City Ortho
Trading Inc., Corona Family Chiropractic Care, P.C., CR Medical Care P.L.L.C., Medex
Diagnostic and Treatment Center, LLC, Metrocare Medical P.C., Modem RX Pharmacy Inc,
Prompt Medical Spine Care, PLLC, Quality Orthopedics and Complete Joint Care P.C., Right
Choice Supply Inc, and Sunset Medical Supply Inc. relating to No-Fault claims for services
allegedly rendered to Defendant Jacques Jeannot relating to the January 30, 2023 collision
referenced in the Complaint are permanently stayed; and it is further
ORDERED that the active parties in this case are directed to submit a proposed Preliminary
Conference Order to the Court on or before October 7, 2024 via e-mail to SFC-Part33-
Clerk@nycourts.gov. If the parties are unable to agree to a proposed Preliminary Conference
Order, the parties are directed to appear for an in-person preliminary conference with the Court on
October 9, 2024 at 9:30 a.m. in 60 Centre Street, Room 442, New York, New York; and it is further
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INDEX NO. 150196/2024
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 08/28/2024
ORDERED that within ten days of entry, counsel for Plaintiff Erie Insurance Company of
New York shall serve a copy of this Decision and Order, with notice of entry, on all parties to this
action; 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.
8/28/2024
DATE HO~- MARY V. ROSADO, J.S.C.
CHECK ONE: CASE DISPOSED x NON-FINAL DISPOSITION
x GRANTED □ DENIED GRANTED IN PART □ OTHER
APPLICATION: SETTLE ORDER SUBMIT ORDER
CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT □ REFERENCE
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