On March 03, 2023 a
Party Statement
was filed
involving a dispute between
State Of New York,
and
Taylor Mcgivney,
for Other Matters - Contract - Other
in the District Court of Suffolk County.
Preview
FILED: SUFFOLK COUNTY CLERK 04/15/2024 03:37 PM INDEX NO. 605513/2023
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/15/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
STATE OF NEW YORK,
AFFIRMATION IN SUPPORT OF
Plaintiff, APPLICATION FOR DEFAULT
JUDGMENT FOR FAILURE TO
APPEAR
- against -
INDEX #: 605513/2023
TAYLOR MCGIVNEY,
Defendant(s).
382790
STATE OF NEW YORK )
) SS
COUNTY OF SUFFOLK )
ANNE MARIE RAGO, an attorney admitted to practice in New
York State, affirms the truth of the following under penalty of
perjury.
1. I am an Assistant Attorney General of the State of New
York. The Office of the Attorney General represents the State
of New York ("State") by and through the State University of New
York Stony Brook University ("SUNY Stony Brook") in this action.
2. I am fully familiar with the facts and circumstances
of this action. I have obtained knowledge of the facts
pertinent to this action through my review of official records
and electronic databases of SUNY Stony Brook, and the Attorney
General's case file for this matter.
3. Accordingly, I am authorized to make this attorney
affirmation in support of this application for a default
judgment pursuant to § 3215(f) of the New York Civil Practice
Law and Rules.
4. This action is based UPON breach of contract to
recover the sum of $9,200.14 for medical services provided to TM
by SUNY Stony Brook, and for which demand has been made.
5. The State commenced this action by filing a Summons
with Notice with the Suffolk County Clerk's office on March 3,
2023.
6. Pursuant to CPLR § 3215(f), a plaintiff must submit
the following in support of an application for entry of default
judgment:
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FILED: SUFFOLK COUNTY CLERK 04/15/2024 03:37 PM INDEX NO. 605513/2023
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/15/2024
a. Proof of service of the Summons with Notice;
b. Proof of defendant's default;
c. Proof of the facts constituting the claim and of the
amount due.
PROOF OF SERVICE
7. The State served the Summons with Notice on
defendant(s) pursuant to the CPLR on March 10, 2023. A copy of
the Affidavit of Service was filed with the Suffolk County Clerk
via the New York State Courts Electronic filing System.
PROOF OF DEFAULT
8. My review of the Attorney General's case file in this
matter indicates that defendant(s) has/have failed to appear in
this action, as required by CPLR § 320(a), and that defendant(s)
is/are therefore in default.
9. Pursuant to CPLR § 3215(g) (3) (i), an additional copy
of the Summons with Notice was mailed to defendant(s) on March
28, 2023, which is at least 20 days prior to this application
for entry of judgment. A copy of the Affidavit of Additional
Mailing was filed with the Suffolk County Clerk via the New York
State Courts Electronic filing System.
10. This application for a default judgment is made within
one year of the default as required by CPLR § 3215(c), and this
proposed judgment is timely submitted.
PROOF OF THE FACTS CONSTITUTING
THE CLAIM AND THE AMOUNT DUE
11. My review of SUNY Stony Brook's electronic system and
records indicates that TM received medical services from July
27, 2019 to July 27, 2019.
12. SUNY Stony Brook's electronic system and records also
shows that the defendant(s) was/were charged the usual charges
for the medical services received, and the current amount due on
the account is $9,200.14.
13. The Court of Appeals has stated that the usual charges
for services rendered to a patient represent the amount that a
patient must pay regardless of any other reimbursement
arrangements the provider has with other third-party payors. See
Flushing Hospital & Medical Center v. Woytisek, 41 N.Y.2d 1081
(1977).
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FILED: SUFFOLK COUNTY CLERK 04/15/2024 03:37 PM INDEX NO. 605513/2023
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/15/2024
14. Further, this is a contract cause of action for a sum
based on the cost of the medical services provided to TM and
that amount was outlined as a certain dollar amount.
15. After any payments made, there remains a balance due
and owing of $9,200.14.
16. SUNY Stony Brook fully performed it's Agreement to
provide medical services to TM.
17. Defendant(S) BREACHED THE AGREEMENT TO PAY SUNY Stony
Brook the usual charges associated with the medical services
received.
18. As a result of defendant(s) breach, defendant(s) owe
the State the balance of $9,200.14.
19. In addition, I have made a reasonable inquiry and I
have reason to believe that the statute of limitations has not
expired.
20. The bases for venue for this action are the residence
of the plaintiff and the county in which the cause of action
arose.
CONCLUSION
21. Accordingly, as ser forth above, the State has met its
burden of proof in this application for default judgment against
defendant in the amount of $9,200.14.
22. Therefore, the State demands judgment against
defendant in the sum of $10,326.73, which includes interest from
July 27, 2019, and the costs and disbursements of this action.
I affirm this }> day of April, 2024, under the penalties of
perjury under the laws of New York, which may include a fine or
imprisonment, that the foregoing is true, and I understand that
this document may be filed in and action or proceeding in a
court of law.
Anne Marie Rago
Assistant Attorney General
Centereach IFR
2100 Middle Country Rd
Centereach, NY 11720
3
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Document Filed Date
April 15, 2024
Case Filing Date
March 03, 2023
Category
Other Matters - Contract - Other
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