The opinion
State Farm Fire & Cas. Co. v Wynne
2025 NY Slip Op 31007(U)
March 26, 2025
Supreme Court, New York County
Docket Number: Index No. 160513/2024
Judge: Lyle E. Frank
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. 160513/2024
NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 03/26/2025
SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
PRESENT: HON. LYLE E. FRANK PART 11M
Justice
---------------------------------------------------------------------------------X INDEX NO. 160513/2024
STATE FARM FIRE & CASUALTY COMPANY,
MOTION DATE 02/26/2025
Plaintiff,
MOTION SEQ. NO. 001
-v-
AFRIK WYNNE, JOLYNNE JEROME BROWN, SHERLEY
MOREAU, AMERICAN AIRFREIGHT TRUCKING CORP,
JOSE ORTIZ, ALL PT CARE OF NYC PC,BRONX SC,
LLC,COMPLETE SUPPLY CORP, EXCEL DME INC, EZ
SCRIPTS RX LLC,G & G PHARMACY INC, GENTECH
MED SUP, INC, GREAT NECK DME, INC, ISLAND
AMBULATORY SURGERY CENTER, LLC,LR MEDICAL,
PLLC,LZ MED SUPPLY INC, M & R EXPRESS MEDICAL
SUPPLY INC, MED ALJ INC, NORTH SHORE UNIVERSITY
HOSPITAL, OCEAN RADIOLOGY, PC,ONE TOUCH
HEALTH SUPPLY INC, ORTHOCOR SUPPLY, INC, PRO
DECISION + ORDER ON
HEALTH MEDICAL SUPPLY INC, QUALITY HEALTH
CARE MGT. INC, RAFAEL YAAKOBOV FAMILY HEALTH MOTION
NP PC,RIGHT CHOICE SUPPLY, INC, RIVERTOWN
CHIROPRACTIC PC,ROCKAWAY MEDICAL NY PC,S & K
WARBASSE PHARMACY INC, SEDATION VACATION
PERIOPERATIVE MEDICINE PLLC,SMS THERAPY
SUPPLY, INC, SUPPLY BROHERS INC, SOUTH NASSAU
COMMUNITIES HOSPITAL, STAND-UP MRI OF
BENSONHURST, PC,THE AMBULATORY SURGICAL
CENTER OF EAST TREMONT MEDICAL CENTER, UNEX
MED EQUIPMENT CORP
Defendant.
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The following e-filed documents, listed by NYSCEF document number (Motion 001) 41, 42, 43, 44, 45,
46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63
were read on this motion to/for JUDGMENT - DEFAULT .
Upon the foregoing documents, plaintiff’s motion is granted as to the defaulting
defendants herein.
Plaintiff brings the present motion for a default judgment against defendants All PT Care
of NYC PC; Bronx SC, LLC d/b/a Empire State Ambulatory Surgery Center a/k/a Empire State
ASC; Complete Supply Corp; Excel DME Inc; EZ Scripts RX LLC; Great Neck DME, Inc;
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Motion No. 001
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INDEX NO. 160513/2024
NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 03/26/2025
Island Ambulatory Surgery Center, LLC a/k/a Island Ambulatory Surgical Center, LLC; LR
Medical, PLLC; LZ Med Supply Inc; M & R Express Medical Supply Inc; Med ALJ Inc; North
Shore University Hospital; Ocean Radiology, P.C.; One Touch Health Supply Inc; Orthocor
Supply, Inc; Pro Health Medical Supply Inc; Quality Health Care MGT. Inc d/b/a Quality
Laboratory Service, Rafael Yaakobov Family Health NP PC; Right Choice Supply, Inc;
Rivertown Chiropractic PC; Rockaway Medical NY PC; S & K Warbasse Pharmacy Inc;
Sedation Vacation Perioperative Medicine PLLC a/k/a Sedation Vacation Periop Med, PLLC;
SMS Therapy Supply, Inc; Supply Brohers Inc; South Nassau Communities Hospital a/k/a
Mount Sinai South Nassau; Stand-Up MRI of Bensonhurst, PC; The Ambulatory Surgical Center
of East Tremont Medical Center a/k/a East Tremont Ambulatory Surgical Center a/k/a Uptown
Health Care Management, Inc a/k/a East Tremont Medical Center a/k/a ETM-ASC Ambulatory
Surgery Center; UNEX Med Equipment Corp.; Jolynne Jerome Brown (“Brown”); Sherley
Moreau; American Airfreight Trucking Corp.; and Jose Ortiz.
Plaintiff is seeking a declaratory judgment that they have no duty to provide No-Fault
reimbursements for any claim or bill submitted by the defaulting defendants related to the
alleged collision of April 6, 2024. In support of their motion, Plaintiff submits proof including an
attorney affirmation from the attorney who was scheduled to take Brown’s EUO, an affirmation
from the claims specialist assigned to the claim in question, affidavits for service of the summons
and complaint on the defaulting defendants, and a notice of motion. An application for a default
judgment must be supported by either an affidavit of facts made by one with personal knowledge
of the facts surrounding the claim or a complaint verified by a person with actual knowledge of
the facts surrounding the claim. Zelnick v Biderman Industries U.S.A., Inc., 242 AD2d 227 [1st
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INDEX NO. 160513/2024
NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 03/26/2025
Dept 1997]. Therefore, Plaintiff will be granted default judgment as to the defaulting defendants
only. Accordingly, it is hereby
ORDERED that default judgment is granted against defendants All PT Care of NYC PC;
Bronx SC, LLC d/b/a Empire State Ambulatory Surgery Center a/k/a Empire State ASC;
Complete Supply Corp; Excel DME Inc; EZ Scripts RX LLC; Great Neck DME, Inc; Island
Ambulatory Surgery Center, LLC a/k/a Island Ambulatory Surgical Center, LLC; LR Medical,
PLLC; LZ Med Supply Inc; M & R Express Medical Supply Inc; Med ALJ Inc; North Shore
University Hospital; Ocean Radiology, P.C.; One Touch Health Supply Inc; Orthocor Supply,
Inc; Pro Health Medical Supply Inc; Quality Health Care MGT. Inc d/b/a Quality Laboratory
Service, Rafael Yaakobov Family Health NP PC; Right Choice Supply, Inc; Rivertown
Chiropractic PC; Rockaway Medical NY PC; S & K Warbasse Pharmacy Inc; Sedation Vacation
Perioperative Medicine PLLC a/k/a Sedation Vacation Periop Med, PLLC; SMS Therapy
Supply, Inc; Supply Brohers Inc; South Nassau Communities Hospital a/k/a Mount Sinai South
Nassau; Stand-Up MRI of Bensonhurst, PC; The Ambulatory Surgical Center of East Tremont
Medical Center a/k/a East Tremont Ambulatory Surgical Center a/k/a Uptown Health Care
Management, Inc a/k/a East Tremont Medical Center a/k/a ETM-ASC Ambulatory Surgery
Center; UNEX Med Equipment Corp.; Jolynne Jerome Brown (“Brown”); Sherley Moreau;
American Airfreight Trucking Corp.; and Jose Ortiz; and it is further
ADJUDGED that that Plaintiff is not obligated to provide any coverage, reimbursements,
or pay any monies, sums or funds to any of the Defendants herein against which Default has been
granted for any and all no-fault related services for which claims and/or bills have been, or may in
the future be, submitted by the Defendants to the Plaintiff, as relates to the alleged collision on
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Motion No. 001
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INDEX NO. 160513/2024
NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 03/26/2025
April 6, 2024, as referenced in the complaint and referenced by claim number 52-66H7-18K; and
it is further
ADJUDGED that Plaintiff is not obligated to provide any first party coverage,
reimbursement, defense and/or indemnification, including, but not limited to, personal injury
protection benefits, uninsured/underinsured benefits, and supplementary uninsured/underinsured
benefits, to any of the Defendants herein against which Default has been granted, for the incident
of April 6, 2024, as referenced in the complaint and referenced by claim number 52-66H7-18K;
and it further
ADJUDGED that this order does not affect any defendant that has not had default judgment
entered against them in this matter.
3/26/2025
DATE LYLE E. FRANK, 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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