Preview
FILED: KINGS COUNTY CLERK 05/07/2024 11:08 PM INDEX NO. 512883/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
___________________________________________XXX
AMERICAN TRANSIT INSURANCE
COMPANY Date Summons and
Plaintiff, Complaint filed:
-against- Index #:
ADVANCED ORTHOPAEDICS, P.L.L.C., SUMMONS
ATLAS RADIOLOGY P.C., BENESSERE
SERVICES INC, YH PHYSICAL THERAPY, Plaintiff designates KINGS
PC d/b/a BEST CARE PHYSICAL THERAPY, County as the place of trial.
CUSTOM RX PHARMACY LLC, FIFTH
AVENUE SURGERY CENTER,
FUNCTIONAL CHIROPRACTIC TESTING,
P.C., IGOR AMIGUD PHYSICIAN P.C., The basis of venue is
LENOX HILL RADIOLOGY AND MEDICAL CPLR § 509
IMAGING ASSOCIATES, P.C., MATTHEW
CARNIOL DC, NEW YORK MEDICAL &
DIAGNOSTIC CARE P.C., PRC SUPPLIES
INC., PROMISE HEALING ACUPUNCTURE
PLLC, PULSE MEDICAL CARE, P.C.,
RELIABLE ONE SERVICES INC, UNITED
PHYSICIANS PLLC.
Defendants
__________________________________________XXX
To the above named Defendant(s)
YOU ARE HEREBY SUMMONED to answer the complaint in the action and to serve a
copy of your answer, or, if the complaint is not served with this summons to serve a notice of
appearance, on the plaintiff’s Attorney(s) within 20 days after the service of this summons,
exclusive of the date of service, or within 30 thirty days after service is complete if the summons
is not personally delivered to you in the State of New York. In case of your failure to appear or
answer, judgment will be taken against you by default for the relief demanded in the Complaint.
The Plaintiff hereby designates the County of Kings as the proper venue of the trial of
this action since the parties have offices and conduct business in this County.
1 of 16
FILED: KINGS COUNTY CLERK 05/07/2024 11:08 PM INDEX NO. 512883/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024
Dated: March 15, 2024 Yours, etc.
____________________________________
Luke Rosenberger, Esq.
Law Offices of Daniel J. Tucker
Attorneys for Plaintiff
5 BROADWAY, FREEPORT, NY 11520
DJ@american-transit.com
Our File Number: 390165
Our Claim Number: 1073288-01
TO:
ADVANCED ORTHOPAEDICS, P.L.L.C.
80-02 KEW GARDENS RD
KEW GARDENS, NY 11415
ATLAS RADIOLOGY P.C.
C/O JOHN THOMAS RIGNEY
11 BRITTANY COURT PO BOX 252
CHAPPAQUA, NY 10514
BENESSERE SERVICES INC
80 MAIN STREET
UNIT 3
HEMPSTEAD, NY 11550
YH PHYSICAL THERAPY, PC
d/b/a BEST CARE PHYSICAL THERAPY
41-09 108TH STREET, SUITE LL
CORONA , NY 11368
CUSTOM RX PHARMACY LLC
102-03A QUEENS BOULEVARD
FOREST HILLS, NY 11375
FIFTH AVENUE SURGERY CENTER
1049 5TH AVENUE
NEW YORK, NY 10028
FUNCTIONAL CHIROPRACTIC TESTING, P.C.
ATTN: ANTHONY DESANO
8416 JAMAICA AVE
WOODHAVEN, NY 11421
IGOR AMIGUD PHYSICIAN P.C.
211 EAST 53RD ST
2 of 16
FILED: KINGS COUNTY CLERK 05/07/2024 11:08 PM INDEX NO. 512883/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024
STE 3K
NEW YORK, NY 10022
LENOX HILL RADIOLOGY AND MEDICAL IMAGING ASSOCIATES, P.C.
61 EAST 77TH STREET
NEW YORK, NY 10075
MATTHEW CARNIOL DC
41-09 108TH SRTEET
CORONA, NY 11368
NEW YORK MEDICAL & DIAGNOSTIC CARE P.C.
221 CENTER STREET
WILLISTON PARK, NY 11596
PRC SUPPLIES INC.
ATTN: PAUL CULLINANE
11 FOREST AVE
PORT JEFFERSON STATION, NY 11776
PROMISE HEALING ACUPUNCTURE PLLC
108-09 52ND AVENUE
CORONA , NY 11368
PULSE MEDICAL CARE, P.C.
164-23 73RD AVE.
FRESH MEADOWS, NY 11366
RELIABLE ONE SERVICES INC
56-14 VANHORN ST
ELMBURST, NY 11373
UNITED PHYSICIANS PLLC
C/O YELENA AMIGUD
211 E 53RD ST #3-K
NEW YORK, NY 10022
3 of 16
FILED: KINGS COUNTY CLERK 05/07/2024 11:08 PM INDEX NO. 512883/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
___________________________________________XXX
AMERICAN TRANSIT INSURANCE COMPANY Index #:
Plaintiff, VERIFIED COMPLAINT
-against-
ADVANCED ORTHOPAEDICS, P.L.L.C., ATLAS
RADIOLOGY P.C., BENESSERE SERVICES INC, YH
PHYSICAL THERAPY, PC d/b/a BEST CARE PHYSICAL
THERAPY, CUSTOM RX PHARMACY LLC, FIFTH AVENUE
SURGERY CENTER, FUNCTIONAL CHIROPRACTIC
TESTING, P.C., IGOR AMIGUD PHYSICIAN P.C., LENOX
HILL RADIOLOGY AND MEDICAL IMAGING ASSOCIATES,
P.C., MATTHEW CARNIOL DC, NEW YORK MEDICAL &
DIAGNOSTIC CARE P.C., PRC SUPPLIES INC., PROMISE
HEALING ACUPUNCTURE PLLC, PULSE MEDICAL CARE,
P.C., RELIABLE ONE SERVICES INC, UNITED PHYSICIANS
PLLC
Defendants.
__________________________________________XXX
The Plaintiff, AMERICAN TRANSIT INSURANCE COMPANY, by its attorneys, The
Law Offices of Daniel J. Tucker, as and for its Verified Complaint herein, alleges as follows:
THE PARTIES
1. At all times hereinafter mentioned, the plaintiff, AMERICAN TRANSIT INSURANCE
COMPANY (“AMERICAN TRANSIT”), was and still is a subsidiary of AMERICAN T, INC.,
a corporation formed under the laws of the State of New York that is doing business in the
County of Kings At all times relevant, the plaintiff insurer was an insurance company, duly
licensed to transact business in the State of New York.
2. At all times hereinafter mentioned, the Plaintiff, AMERICAN TRANSIT, is
headquartered in and has offices located at 5 BROADWAY, FREEPORT, NY 11520.
4 of 16
FILED: KINGS COUNTY CLERK 05/07/2024 11:08 PM INDEX NO. 512883/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024
3. At all times hereinafter mentioned the defendant ADVANCED ORTHOPAEDICS,
P.L.L.C. was and still is a domestic company authorized to conduct business in the State of New
York, and resides at 80-02 KEW GARDENS RD, KEW GARDENS, NY, 11415.
4. At all times hereinafter mentioned the defendant ATLAS RADIOLOGY P.C. was and
still is a domestic company authorized to conduct business in the State of New York, and resides
at C/O JOHN THOMAS RIGNEY, 11 BRITTANY COURT PO BOX 252, CHAPPAQUA, NY,
10514.
5. At all times hereinafter mentioned the defendant BENESSERE SERVICES INC was and
still is a domestic company authorized to conduct business in the State of New York, and resides
at 80 MAIN STREET, UNIT 3, HEMPSTEAD, NY, 11550.
6. At all times hereinafter mentioned the defendant YH PHYSICAL THERAPY, PC d/b/a
BEST CARE PHYSICAL THERAPY was and still is a domestic company authorized to conduct
business in the State of New York, and resides at 41-09 108TH STREET, SUITE LL, CORONA
, NY, 11368.
7. At all times hereinafter mentioned the defendant CUSTOM RX PHARMACY LLC was
and still is a domestic company authorized to conduct business in the State of New York, and
resides at 102-03A QUEENS BOULEVARD, FOREST HILLS, NY, 11375.
8. At all times hereinafter mentioned the defendant FIFTH AVENUE SURGERY CENTER
was and still is a domestic company authorized to conduct business in the State of New York,
and resides at 1049 5TH AVENUE, NEW YORK, NY, 10028.
9. At all times hereinafter mentioned the defendant FUNCTIONAL CHIROPRACTIC
TESTING, P.C. was and still is a domestic company authorized to conduct business in the State
of New York, and resides at 8416 JAMAICA AVE, WOODHAVEN, NY, 11421.
5 of 16
FILED: KINGS COUNTY CLERK 05/07/2024 11:08 PM INDEX NO. 512883/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024
10. At all times hereinafter mentioned the defendant IGOR AMIGUD PHYSICIAN P.C. was
and still is a domestic company authorized to conduct business in the State of New York, and
resides at 211 EAST 53RD ST, STE 3K, NEW YORK, NY, 10022.
11. At all times hereinafter mentioned the defendant LENOX HILL RADIOLOGY AND
MEDICAL IMAGING ASSOCIATES, P.C. was and still is a domestic company authorized to
conduct business in the State of New York, and resides at 61 EAST 77TH STREET, NEW
YORK, NY, 10075.
12. At all times hereinafter mentioned the defendant MATTHEW CARNIOL DC was and
still is an individual that resides in the State of New York, and resides at 41-09 108TH SRTEET,
CORONA, NY, 11368.
13. At all times hereinafter mentioned the defendant NEW YORK MEDICAL &
DIAGNOSTIC CARE P.C. was and still is a domestic company authorized to conduct business
in the State of New York, and resides at 221 CENTER STREET, WILLISTON PARK, NY,
11596.
14. At all times hereinafter mentioned the defendant PRC SUPPLIES INC. was and still is a
domestic company authorized to conduct business in the State of New York, and resides at 11
FOREST AVE, PORT JEFFERSON STATION, NY, 11776.
15. At all times hereinafter mentioned the defendant PROMISE HEALING
ACUPUNCTURE PLLC was and still is a domestic company authorized to conduct business in
the State of New York, and resides at 108-09 52ND AVENUE, CORONA , NY, 11368.
16. At all times hereinafter mentioned the defendant PULSE MEDICAL CARE, P.C. was
and still is a domestic company authorized to conduct business in the State of New York, and
resides at 164-23 73RD AVE., FRESH MEADOWS, NY, 11366.
6 of 16
FILED: KINGS COUNTY CLERK 05/07/2024 11:08 PM INDEX NO. 512883/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024
17. At all times hereinafter mentioned the defendant RELIABLE ONE SERVICES INC was
and still is a domestic company authorized to conduct business in the State of New York, and
resides at 56-14 VANHORN ST, ELMBURST, NY, 11373.
18. At all times hereinafter mentioned the defendant UNITED PHYSICIANS PLLC was and
still is a domestic company authorized to conduct business in the State of New York, and resides
at C/O YELENA AMIGUD, 211 E 53RD ST #3-K, NEW YORK, NY, 10022.
INSURANCE POLICY INFORMATION
19. At all times hereinafter mentioned the plaintiff, AMERICAN TRANSIT, was licensed to
provide automobile liability insurance, including the mandatory no-fault endorsement, to
residents of the State of New York.
20. Plaintiff provided a policy of insurance to its insured DELOS ROSARIO CORP, under a
New York policy of insurance numbered CAP609602.
21. The policy of insurance that the plaintiff provided to DELOS ROSARIO CORP included
a no-fault endorsement which provided coverage to an insured or an eligible injured person in
the amount of at least $50,000 for all necessary expenses resulting from a motor vehicle
accident, and was in effect on November 2, 2019 as noted below.
22. The policy of insurance contained the mandatory no-fault endorsement prescribed by the
New York State Insurance Department, which started in part:
MANDATORY PERSONAL INJURY PROTECTION
ENDORSEMENT NEW YORK
SECTION 1 – MANDATORY PERSONAL INJURY PROTECTION
The Company will pay first party benefits to reimburse for basic economic loss
sustained by an eligible injured person on account of personal injuries caused by
the an accident arising out of the use or operation of a motor vehicle or a
motorcycle during the policy and within the United States of America, its
territories of possessions, or Canada.
7 of 16
FILED: KINGS COUNTY CLERK 05/07/2024 11:08 PM INDEX NO. 512883/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024
THE SUBJECT MOTOR VEHICLE INCIDENT AND NO-FAULT CLAIMS
23. On November 2, 2019, the insured DELOS ROSARIO CORP was involved in a motor
vehicle collision. The non-party claimant, EDGAR CIFUENTES was a passenger in the insured
vehicle at the time of the incident, and made a claim to the plaintiff, AMERICAN TRANSIT, as
a purported eligible injured person of the above-referenced insurance policy, under claim #
1073288-01.
24. AMERICAN TRANSIT received notice of the subject incident from EDGAR
CIFUENTES.
25. As a result of the aforesaid motor vehicle collision, EDGAR CIFUENTES sought no-
fault services and provisions from the defendants.
26. EDGAR CIFUENTES assigned his rights to collect no-fault benefits to various health
care providers including the defendants.
THE DEFENDANTS’ VIOLATION OF THE NO-FAULT REGULATIONS
27. On November 2, 2019, non-party claimant EDGAR CIFUENTES was allegedly an
occupant in the insured vehicle when it was involved in a collision with another vehicle.
28. The non-party claimant EDGAR CIFUENTES claimed to have sustained bodily injuries
in the motor vehicle collision that allegedly occurred on November 2, 2019. AMERICAN
TRANSIT believes that this collision is not a covered incident.
29. Based on an internal investigation, the plaintiff has determined that that the non-party
claimant’s alleged injuries did not arise out of an insured event and/or are the result of an
intentionally staged occurrence.
8 of 16
FILED: KINGS COUNTY CLERK 05/07/2024 11:08 PM INDEX NO. 512883/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024
30. According to the police report, the accident occurred when the adverse vehicle changed
lanes and struck the insured vehicle on the driver side. The report states no injuries occurred and
no airbags were deployed. No vehicle was towed from the scene of the alleged accident.
31. There is no objective evidence that EDGAR CIFUENTES was hurt in this accident.
EDGAR CIFUENTES testified during his examination under oath (EUO) that the insured
vehicle was not towed from the scene. He further testified that the airbags did not deploy and that
he had no visible injuries such as bleeding, bruising, swelling, or laceration. He did not
experience loss of consciousness. EDGAR CIFUENTES testified EMS was not called to the
scene of the accident and he did not report any injuries to the responding police officers.
EDGAR CIFUENTES testified the insured vehicle drove him home after the accident and he did
not seek any medical attention until approximately 15 days later. (EUO P. 12-18)
32. EDGAR CIFUENTES testified he never went to a hospital at any time for his alleged
injuries. (EUO P. 16)
33. According to an ISO Search, there is a National Insurance Crime Bureau (NCIB)
Forewarn Notice on this alleged accident.
34. EDGAR CIFUENTES testified he had surgery of his right shoulder. (EUO P. 28)
35. However, a film review by Daniel Cousin, M.D. of the EDGAR CIFUENTES’s right
shoulder MRI concluded there is no MRI signal characteristic to suggest any finding that is
definitively or proximately related to the date of incident of November 2, 2019.
36. Furthermore, a review of intra-operative photos of EDGAR CIFUENTES’S right
shoulder by Howard Levin, M.D., concluded there were no findings indicating acute trauma. The
report states the surgery performed was not established as medically necessary nor causally
related.
9 of 16
FILED: KINGS COUNTY CLERK 05/07/2024 11:08 PM INDEX NO. 512883/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024
37. EDGAR CIFUENTES testified he had surgery of his right knee. (EUO P. 28)
38. However, a review of intra-operative photos of EDGAR CIFUENTES’S right knee by
Howard Levin, M.D., concluded there were no findings indicating acute trauma. The report
states the surgery performed was not established as medically necessary nor causally related.
39. Prior to November 2, 2019, AMERICAN TRANSIT issued a personal auto policy of
insurance, number CAP609602, covering any occupants of the insured vehicle for any medically
necessary and causally related medical expenses for injuries suffered while riding in the insured
vehicle as a result of an accidental collision.
40. Based upon its due investigation of the underlying claim, AMERICAN TRANSIT
maintains a founded belief that the non-party claimant’s alleged injuries and subsequent
treatment are not covered under the policy.
41. The defendant providers have submitted claims to the plaintiff with an assignment of
benefits from EDGAR CIFUENTES and are alleging that they had rendered services that are
compensable under the terms of the policy.
42. The defendants have commenced or have the right to commence actions or arbitrations
against the plaintiff, in accordance with Article 51 of the Insurance Law for purportedly overdue
no-fault benefits.
43. AMERICAN TRANSIT, requires and requests a declaration of the rights and other legal
relations of the respective parties in accordance with the applicable laws relating to declaratory
judgments.
44. AMERICAN TRANSIT has no other adequate remedy at law.
AS AND FOR A CAUSE OF ACTION AGAINST ALL DEFENDANTS
FOR DECLARATORY JUDGMENT
10 of 16
FILED: KINGS COUNTY CLERK 05/07/2024 11:08 PM INDEX NO. 512883/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024
45. Plaintiff reiterates, incorporates, and re-alleges the allegations set forth in paragraphs
numbered 1-44 as if fully set forth herein.
46. Based upon the circumstances stated above, AMERICAN TRANSIT maintains a founded
belief that the alleged injuries of the non-party claimant and any subsequent no-fault treatment
submitted by the medical provider defendants were did not arise out of an insured event and/or
are the result of an intentionally staged occurrence.By reason of the foregoing, AMERICAN
TRANSIT is entitled to a judgment declaring that the defendants ADVANCED
ORTHOPAEDICS, P.L.L.C., ATLAS RADIOLOGY P.C., BENESSERE SERVICES INC, YH
PHYSICAL THERAPY, PC D/B/A BEST CARE PHYSICAL THERAPY, CUSTOM RX
PHARMACY LLC, FIFTH AVENUE SURGERY CENTER, FUNCTIONAL CHIROPRACTIC
TESTING, P.C., IGOR AMIGUD PHYSICIAN P.C., LENOX HILL RADIOLOGY AND
MEDICAL IMAGING ASSOCIATES, P.C., MATTHEW CARNIOL DC, NEW YORK
MEDICAL & DIAGNOSTIC CARE P.C., PRC SUPPLIES INC., PROMISE HEALING
ACUPUNCTURE PLLC, PULSE MEDICAL CARE, P.C., RELIABLE ONE SERVICES INC,
UNITED PHYSICIANS PLLC have no rights under the no-fault regulations and AMERICAN
TRANSIT is entitled to a judgment declaring that it owes no duty to any of the defendants to pay
no-fault claims with respect to the November 2, 2019 collision.
WHEREFORE, AMERICAN TRANSIT, demands a judgment as follows:
a. On the First Cause of Action against the provider defendants ADVANCED
ORTHOPAEDICS, P.L.L.C., ATLAS RADIOLOGY P.C., BENESSERE
SERVICES INC, YH PHYSICAL THERAPY, PC D/B/A BEST CARE
PHYSICAL THERAPY, CUSTOM RX PHARMACY LLC, FIFTH AVENUE
SURGERY CENTER, FUNCTIONAL CHIROPRACTIC TESTING, P.C., IGOR
11 of 16
FILED: KINGS COUNTY CLERK 05/07/2024 11:08 PM INDEX NO. 512883/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024
AMIGUD PHYSICIAN P.C., LENOX HILL RADIOLOGY AND MEDICAL
IMAGING ASSOCIATES, P.C., MATTHEW CARNIOL DC, NEW YORK
MEDICAL & DIAGNOSTIC CARE P.C., PRC SUPPLIES INC., PROMISE
HEALING ACUPUNCTURE PLLC, PULSE MEDICAL CARE, P.C.,
RELIABLE ONE SERVICES INC, UNITED PHYSICIANS PLLC declaring that
AMERICAN TRANSIT owes no duty to pay no-fault claims to the provider
defendants with respect to the November 2, 2019 collision referenced in the
complaint and permanently staying any and all pending no-fault suits or
arbitrations relating to this matter due to the fact that the alleged injuries of the
non-party claimant and any subsequent no-fault treatment submitted by the
provider defendants did not arise out of an insured vent and/or are the result of an
intentionally staged occurrence related to the November 2, 2019 collision;
b. For such other and further relief as this Court deems just, proper, and equitable.
Dated: March 15, 2024 Yours, etc.
____________________________________
Luke Rosenberger, Esq.
Law Offices of Daniel J. Tucker
5 BROADWAY, FREEPORT, NY 11520
DJ@american-transit.com
Our File Number: 390165
Our Claim Number: 1073288-01
TO:
ADVANCED ORTHOPAEDICS, P.L.L.C.
80-02 KEW GARDENS RD
KEW GARDENS, NY 11415
ATLAS RADIOLOGY P.C.
C/O JOHN THOMAS RIGNEY
11 BRITTANY COURT PO BOX 252
CHAPPAQUA, NY 10514
12 of 16
FILED: KINGS COUNTY CLERK 05/07/2024 11:08 PM INDEX NO. 512883/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024
BENESSERE SERVICES INC
80 MAIN STREET
UNIT 3
HEMPSTEAD, NY 11550
YH PHYSICAL THERAPY, PC
d/b/a BEST CARE PHYSICAL THERAPY
41-09 108TH STREET, SUITE LL
CORONA , NY 11368
CUSTOM RX PHARMACY LLC
102-03A QUEENS BOULEVARD
FOREST HILLS, NY 11375
FIFTH AVENUE SURGERY CENTER
1049 5TH AVENUE
NEW YORK, NY 10028
FUNCTIONAL CHIROPRACTIC TESTING, P.C.
ATTN: ANTHONY DESANO
8416 JAMAICA AVE
WOODHAVEN, NY 11421
IGOR AMIGUD PHYSICIAN P.C.
211 EAST 53RD ST
STE 3K
NEW YORK, NY 10022
LENOX HILL RADIOLOGY AND MEDICAL IMAGING ASSOCIATES, P.C.
61 EAST 77TH STREET
NEW YORK, NY 10075
MATTHEW CARNIOL DC
41-09 108TH SRTEET
CORONA, NY 11368
NEW YORK MEDICAL & DIAGNOSTIC CARE P.C.
221 CENTER STREET
WILLISTON PARK, NY 11596
PRC SUPPLIES INC.
ATTN: PAUL CULLINANE
11 FOREST AVE
PORT JEFFERSON STATION, NY 11776
13 of 16
FILED: KINGS COUNTY CLERK 05/07/2024 11:08 PM INDEX NO. 512883/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024
PROMISE HEALING ACUPUNCTURE PLLC
108-09 52ND AVENUE
CORONA , NY 11368
PULSE MEDICAL CARE, P.C.
164-23 73RD AVE.
FRESH MEADOWS, NY 11366
RELIABLE ONE SERVICES INC
56-14 VANHORN ST
ELMBURST, NY 11373
UNITED PHYSICIANS PLLC
C/O YELENA AMIGUD
211 E 53RD ST #3-K
NEW YORK, NY 10022
14 of 16
FILED: KINGS COUNTY CLERK 05/07/2024 11:08 PM INDEX NO. 512883/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
___________________________________________XXX
AMERICAN TRANSIT INSURANCE COMPANY Index #:
Plaintiff, VERIFICATION
-against-
ADVANCED ORTHOPAEDICS, P.L.L.C., ATLAS
RADIOLOGY P.C., BENESSERE SERVICES INC, YH
PHYSICAL THERAPY, PC d/b/a BEST CARE PHYSICAL
THERAPY, CUSTOM RX PHARMACY LLC, FIFTH AVENUE
SURGERY CENTER, FUNCTIONAL CHIROPRACTIC
TESTING, P.C., IGOR AMIGUD PHYSICIAN P.C., LENOX
HILL RADIOLOGY AND MEDICAL IMAGING ASSOCIATES,
P.C., MATTHEW CARNIOL DC, NEW YORK MEDICAL &
DIAGNOSTIC CARE P.C., PRC SUPPLIES INC., PROMISE
HEALING ACUPUNCTURE PLLC, PULSE MEDICAL CARE,
P.C., RELIABLE ONE SERVICES INC, UNITED PHYSICIANS
PLLC.
Defendants.
__________________________________________XXX
STATE OF NEW YORK )
)ss:
COUNTY OF KINGS )
URIEL MCLEISH, being duly sworn deposes and states that he is employed by
American Transit Insurance Company; that he has read the foregoing Complaint and knows the
content thereof; that the same is true to the knowledge of the deponent, except as to those matters
therein states to be alleged upon information and belief, as to those matters he believes to be true.
Facsimile copies shall be deemed as originals.
________________________
URIEL MCLEISH
Sworn to me on:
17th April
______day of __________________, 2024
__________________________________
Notary Public
15 of 16
FILED: KINGS COUNTY CLERK 05/07/2024 11:08 PM INDEX NO. 512883/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024
Index No.:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
AMERICAN TRANSIT INSURANCE COMPANY,
Plaintiff,
-against-
ADVANCED ORTHOPAEDICS, P.L.L.C., ATLAS RADIOLOGY P.C., BENESSERE SERVICES INC, YH
PHYSICAL THERAPY, PC d/b/a BEST CARE PHYSICAL THERAPY, CUSTOM RX PHARMACY LLC, FIFTH
AVENUE SURGERY CENTER, FUNCTIONAL CHIROPRACTIC TESTING, P.C., IGOR AMIGUD PHYSICIAN
P.C., LENOX HILL RADIOLOGY AND MEDICAL IMAGING ASSOCIATES, P.C., MATTHEW CARNIOL DC,
NEW YORK MEDICAL & DIAGNOSTIC CARE P.C., PRC SUPPLIES INC., PROMISE HEALING
ACUPUNCTURE PLLC, PULSE MEDICAL CARE, P.C., RELIABLE ONE SERVICES INC, UNITED
PHYSICIANS PLLC
Defendant.
-------------------------------------------------------------------------------------------------------------------------------------
SUMMONS AND VERIFIED COMPLAINT
-----------------------------------------------------------------------------------------------------------------------------------------------------
LAW OFFICES OF DANIEL J. TUCKER
Attorney for Plaintiff
AMERICAN TRANSIT INSURANCE COMPANY
Office and Post Office Address, Telephone
5 Broadway
Freeport, NY 11520
-----------------------------------------------------------------------------------------------------------------------------------------------------
TO:
Attorney(s) for: Plaintiff
-----------------------------------------------------------------------------------------------------------------------------------------------------
Service of a copy of the within is hereby admitted.
Dated,
by:
Attorney(s) for:
-----------------------------------------------------------------------------------------------------------------------------------------------------
PLEASE TAKE NOTICE
that the within is a true copy of a entered in the office of the clerk of the within named
NOTICE OF Court on
ENTRY
that an Order of which the within is a true copy will be presented for settlement to the Hon.
one of the judges of the within named Court, at
NOTICE OF on , at 9:30 a.m.
SETTLEMENT
Dated:
16 of 16
Preview
FILED: KINGS COUNTY CLERK 05/07/2024 11:08 PM INDEX NO. 512883/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ___________________________________________XXX AMERICAN TRANSIT INSURANCE COMPANY Date Summons and Plaintiff, Complaint filed: -against- Index #: ADVANCED ORTHOPAEDICS, P.L.L.C., SUMMONS ATLAS RADIOLOGY P.C., BENESSERE SERVICES INC, YH PHYSICAL THERAPY, Plaintiff designates KINGS PC d/b/a BEST CARE PHYSICAL THERAPY, County as the place of trial. CUSTOM RX PHARMACY LLC, FIFTH AVENUE SURGERY CENTER, FUNCTIONAL CHIROPRACTIC TESTING, P.C., IGOR AMIGUD PHYSICIAN P.C., The basis of venue is LENOX HILL RADIOLOGY AND MEDICAL CPLR § 509 IMAGING ASSOCIATES, P.C., MATTHEW CARNIOL DC, NEW YORK MEDICAL & DIAGNOSTIC CARE P.C., PRC SUPPLIES INC., PROMISE HEALING ACUPUNCTURE PLLC, PULSE MEDICAL CARE, P.C., RELIABLE ONE SERVICES INC, UNITED PHYSICIANS PLLC. Defendants __________________________________________XXX To the above named Defendant(s) YOU ARE HEREBY SUMMONED to answer the complaint in the action and to serve a copy of your answer, or, if the complaint is not served with this summons to serve a notice of appearance, on the plaintiff’s Attorney(s) within 20 days after the service of this summons, exclusive of the date of service, or within 30 thirty days after service is complete if the summons is not personally delivered to you in the State of New York. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. The Plaintiff hereby designates the County of Kings as the proper venue of the trial of this action since the parties have offices and conduct business in this County. 1 of 16 FILED: KINGS COUNTY CLERK 05/07/2024 11:08 PM INDEX NO. 512883/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024 Dated: March 15, 2024 Yours, etc. ____________________________________ Luke Rosenberger, Esq. Law Offices of Daniel J. Tucker Attorneys for Plaintiff 5 BROADWAY, FREEPORT, NY 11520 DJ@american-transit.com Our File Number: 390165 Our Claim Number: 1073288-01 TO: ADVANCED ORTHOPAEDICS, P.L.L.C. 80-02 KEW GARDENS RD KEW GARDENS, NY 11415 ATLAS RADIOLOGY P.C. C/O JOHN THOMAS RIGNEY 11 BRITTANY COURT PO BOX 252 CHAPPAQUA, NY 10514 BENESSERE SERVICES INC 80 MAIN STREET UNIT 3 HEMPSTEAD, NY 11550 YH PHYSICAL THERAPY, PC d/b/a BEST CARE PHYSICAL THERAPY 41-09 108TH STREET, SUITE LL CORONA , NY 11368 CUSTOM RX PHARMACY LLC 102-03A QUEENS BOULEVARD FOREST HILLS, NY 11375 FIFTH AVENUE SURGERY CENTER 1049 5TH AVENUE NEW YORK, NY 10028 FUNCTIONAL CHIROPRACTIC TESTING, P.C. ATTN: ANTHONY DESANO 8416 JAMAICA AVE WOODHAVEN, NY 11421 IGOR AMIGUD PHYSICIAN P.C. 211 EAST 53RD ST 2 of 16 FILED: KINGS COUNTY CLERK 05/07/2024 11:08 PM INDEX NO. 512883/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024 STE 3K NEW YORK, NY 10022 LENOX HILL RADIOLOGY AND MEDICAL IMAGING ASSOCIATES, P.C. 61 EAST 77TH STREET NEW YORK, NY 10075 MATTHEW CARNIOL DC 41-09 108TH SRTEET CORONA, NY 11368 NEW YORK MEDICAL & DIAGNOSTIC CARE P.C. 221 CENTER STREET WILLISTON PARK, NY 11596 PRC SUPPLIES INC. ATTN: PAUL CULLINANE 11 FOREST AVE PORT JEFFERSON STATION, NY 11776 PROMISE HEALING ACUPUNCTURE PLLC 108-09 52ND AVENUE CORONA , NY 11368 PULSE MEDICAL CARE, P.C. 164-23 73RD AVE. FRESH MEADOWS, NY 11366 RELIABLE ONE SERVICES INC 56-14 VANHORN ST ELMBURST, NY 11373 UNITED PHYSICIANS PLLC C/O YELENA AMIGUD 211 E 53RD ST #3-K NEW YORK, NY 10022 3 of 16 FILED: KINGS COUNTY CLERK 05/07/2024 11:08 PM INDEX NO. 512883/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ___________________________________________XXX AMERICAN TRANSIT INSURANCE COMPANY Index #: Plaintiff, VERIFIED COMPLAINT -against- ADVANCED ORTHOPAEDICS, P.L.L.C., ATLAS RADIOLOGY P.C., BENESSERE SERVICES INC, YH PHYSICAL THERAPY, PC d/b/a BEST CARE PHYSICAL THERAPY, CUSTOM RX PHARMACY LLC, FIFTH AVENUE SURGERY CENTER, FUNCTIONAL CHIROPRACTIC TESTING, P.C., IGOR AMIGUD PHYSICIAN P.C., LENOX HILL RADIOLOGY AND MEDICAL IMAGING ASSOCIATES, P.C., MATTHEW CARNIOL DC, NEW YORK MEDICAL & DIAGNOSTIC CARE P.C., PRC SUPPLIES INC., PROMISE HEALING ACUPUNCTURE PLLC, PULSE MEDICAL CARE, P.C., RELIABLE ONE SERVICES INC, UNITED PHYSICIANS PLLC Defendants. __________________________________________XXX The Plaintiff, AMERICAN TRANSIT INSURANCE COMPANY, by its attorneys, The Law Offices of Daniel J. Tucker, as and for its Verified Complaint herein, alleges as follows: THE PARTIES 1. At all times hereinafter mentioned, the plaintiff, AMERICAN TRANSIT INSURANCE COMPANY (“AMERICAN TRANSIT”), was and still is a subsidiary of AMERICAN T, INC., a corporation formed under the laws of the State of New York that is doing business in the County of Kings At all times relevant, the plaintiff insurer was an insurance company, duly licensed to transact business in the State of New York. 2. At all times hereinafter mentioned, the Plaintiff, AMERICAN TRANSIT, is headquartered in and has offices located at 5 BROADWAY, FREEPORT, NY 11520. 4 of 16 FILED: KINGS COUNTY CLERK 05/07/2024 11:08 PM INDEX NO. 512883/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024 3. At all times hereinafter mentioned the defendant ADVANCED ORTHOPAEDICS, P.L.L.C. was and still is a domestic company authorized to conduct business in the State of New York, and resides at 80-02 KEW GARDENS RD, KEW GARDENS, NY, 11415. 4. At all times hereinafter mentioned the defendant ATLAS RADIOLOGY P.C. was and still is a domestic company authorized to conduct business in the State of New York, and resides at C/O JOHN THOMAS RIGNEY, 11 BRITTANY COURT PO BOX 252, CHAPPAQUA, NY, 10514. 5. At all times hereinafter mentioned the defendant BENESSERE SERVICES INC was and still is a domestic company authorized to conduct business in the State of New York, and resides at 80 MAIN STREET, UNIT 3, HEMPSTEAD, NY, 11550. 6. At all times hereinafter mentioned the defendant YH PHYSICAL THERAPY, PC d/b/a BEST CARE PHYSICAL THERAPY was and still is a domestic company authorized to conduct business in the State of New York, and resides at 41-09 108TH STREET, SUITE LL, CORONA , NY, 11368. 7. At all times hereinafter mentioned the defendant CUSTOM RX PHARMACY LLC was and still is a domestic company authorized to conduct business in the State of New York, and resides at 102-03A QUEENS BOULEVARD, FOREST HILLS, NY, 11375. 8. At all times hereinafter mentioned the defendant FIFTH AVENUE SURGERY CENTER was and still is a domestic company authorized to conduct business in the State of New York, and resides at 1049 5TH AVENUE, NEW YORK, NY, 10028. 9. At all times hereinafter mentioned the defendant FUNCTIONAL CHIROPRACTIC TESTING, P.C. was and still is a domestic company authorized to conduct business in the State of New York, and resides at 8416 JAMAICA AVE, WOODHAVEN, NY, 11421. 5 of 16 FILED: KINGS COUNTY CLERK 05/07/2024 11:08 PM INDEX NO. 512883/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024 10. At all times hereinafter mentioned the defendant IGOR AMIGUD PHYSICIAN P.C. was and still is a domestic company authorized to conduct business in the State of New York, and resides at 211 EAST 53RD ST, STE 3K, NEW YORK, NY, 10022. 11. At all times hereinafter mentioned the defendant LENOX HILL RADIOLOGY AND MEDICAL IMAGING ASSOCIATES, P.C. was and still is a domestic company authorized to conduct business in the State of New York, and resides at 61 EAST 77TH STREET, NEW YORK, NY, 10075. 12. At all times hereinafter mentioned the defendant MATTHEW CARNIOL DC was and still is an individual that resides in the State of New York, and resides at 41-09 108TH SRTEET, CORONA, NY, 11368. 13. At all times hereinafter mentioned the defendant NEW YORK MEDICAL & DIAGNOSTIC CARE P.C. was and still is a domestic company authorized to conduct business in the State of New York, and resides at 221 CENTER STREET, WILLISTON PARK, NY, 11596. 14. At all times hereinafter mentioned the defendant PRC SUPPLIES INC. was and still is a domestic company authorized to conduct business in the State of New York, and resides at 11 FOREST AVE, PORT JEFFERSON STATION, NY, 11776. 15. At all times hereinafter mentioned the defendant PROMISE HEALING ACUPUNCTURE PLLC was and still is a domestic company authorized to conduct business in the State of New York, and resides at 108-09 52ND AVENUE, CORONA , NY, 11368. 16. At all times hereinafter mentioned the defendant PULSE MEDICAL CARE, P.C. was and still is a domestic company authorized to conduct business in the State of New York, and resides at 164-23 73RD AVE., FRESH MEADOWS, NY, 11366. 6 of 16 FILED: KINGS COUNTY CLERK 05/07/2024 11:08 PM INDEX NO. 512883/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024 17. At all times hereinafter mentioned the defendant RELIABLE ONE SERVICES INC was and still is a domestic company authorized to conduct business in the State of New York, and resides at 56-14 VANHORN ST, ELMBURST, NY, 11373. 18. At all times hereinafter mentioned the defendant UNITED PHYSICIANS PLLC was and still is a domestic company authorized to conduct business in the State of New York, and resides at C/O YELENA AMIGUD, 211 E 53RD ST #3-K, NEW YORK, NY, 10022. INSURANCE POLICY INFORMATION 19. At all times hereinafter mentioned the plaintiff, AMERICAN TRANSIT, was licensed to provide automobile liability insurance, including the mandatory no-fault endorsement, to residents of the State of New York. 20. Plaintiff provided a policy of insurance to its insured DELOS ROSARIO CORP, under a New York policy of insurance numbered CAP609602. 21. The policy of insurance that the plaintiff provided to DELOS ROSARIO CORP included a no-fault endorsement which provided coverage to an insured or an eligible injured person in the amount of at least $50,000 for all necessary expenses resulting from a motor vehicle accident, and was in effect on November 2, 2019 as noted below. 22. The policy of insurance contained the mandatory no-fault endorsement prescribed by the New York State Insurance Department, which started in part: MANDATORY PERSONAL INJURY PROTECTION ENDORSEMENT NEW YORK SECTION 1 – MANDATORY PERSONAL INJURY PROTECTION The Company will pay first party benefits to reimburse for basic economic loss sustained by an eligible injured person on account of personal injuries caused by the an accident arising out of the use or operation of a motor vehicle or a motorcycle during the policy and within the United States of America, its territories of possessions, or Canada. 7 of 16 FILED: KINGS COUNTY CLERK 05/07/2024 11:08 PM INDEX NO. 512883/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024 THE SUBJECT MOTOR VEHICLE INCIDENT AND NO-FAULT CLAIMS 23. On November 2, 2019, the insured DELOS ROSARIO CORP was involved in a motor vehicle collision. The non-party claimant, EDGAR CIFUENTES was a passenger in the insured vehicle at the time of the incident, and made a claim to the plaintiff, AMERICAN TRANSIT, as a purported eligible injured person of the above-referenced insurance policy, under claim # 1073288-01. 24. AMERICAN TRANSIT received notice of the subject incident from EDGAR CIFUENTES. 25. As a result of the aforesaid motor vehicle collision, EDGAR CIFUENTES sought no- fault services and provisions from the defendants. 26. EDGAR CIFUENTES assigned his rights to collect no-fault benefits to various health care providers including the defendants. THE DEFENDANTS’ VIOLATION OF THE NO-FAULT REGULATIONS 27. On November 2, 2019, non-party claimant EDGAR CIFUENTES was allegedly an occupant in the insured vehicle when it was involved in a collision with another vehicle. 28. The non-party claimant EDGAR CIFUENTES claimed to have sustained bodily injuries in the motor vehicle collision that allegedly occurred on November 2, 2019. AMERICAN TRANSIT believes that this collision is not a covered incident. 29. Based on an internal investigation, the plaintiff has determined that that the non-party claimant’s alleged injuries did not arise out of an insured event and/or are the result of an intentionally staged occurrence. 8 of 16 FILED: KINGS COUNTY CLERK 05/07/2024 11:08 PM INDEX NO. 512883/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024 30. According to the police report, the accident occurred when the adverse vehicle changed lanes and struck the insured vehicle on the driver side. The report states no injuries occurred and no airbags were deployed. No vehicle was towed from the scene of the alleged accident. 31. There is no objective evidence that EDGAR CIFUENTES was hurt in this accident. EDGAR CIFUENTES testified during his examination under oath (EUO) that the insured vehicle was not towed from the scene. He further testified that the airbags did not deploy and that he had no visible injuries such as bleeding, bruising, swelling, or laceration. He did not experience loss of consciousness. EDGAR CIFUENTES testified EMS was not called to the scene of the accident and he did not report any injuries to the responding police officers. EDGAR CIFUENTES testified the insured vehicle drove him home after the accident and he did not seek any medical attention until approximately 15 days later. (EUO P. 12-18) 32. EDGAR CIFUENTES testified he never went to a hospital at any time for his alleged injuries. (EUO P. 16) 33. According to an ISO Search, there is a National Insurance Crime Bureau (NCIB) Forewarn Notice on this alleged accident. 34. EDGAR CIFUENTES testified he had surgery of his right shoulder. (EUO P. 28) 35. However, a film review by Daniel Cousin, M.D. of the EDGAR CIFUENTES’s right shoulder MRI concluded there is no MRI signal characteristic to suggest any finding that is definitively or proximately related to the date of incident of November 2, 2019. 36. Furthermore, a review of intra-operative photos of EDGAR CIFUENTES’S right shoulder by Howard Levin, M.D., concluded there were no findings indicating acute trauma. The report states the surgery performed was not established as medically necessary nor causally related. 9 of 16 FILED: KINGS COUNTY CLERK 05/07/2024 11:08 PM INDEX NO. 512883/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024 37. EDGAR CIFUENTES testified he had surgery of his right knee. (EUO P. 28) 38. However, a review of intra-operative photos of EDGAR CIFUENTES’S right knee by Howard Levin, M.D., concluded there were no findings indicating acute trauma. The report states the surgery performed was not established as medically necessary nor causally related. 39. Prior to November 2, 2019, AMERICAN TRANSIT issued a personal auto policy of insurance, number CAP609602, covering any occupants of the insured vehicle for any medically necessary and causally related medical expenses for injuries suffered while riding in the insured vehicle as a result of an accidental collision. 40. Based upon its due investigation of the underlying claim, AMERICAN TRANSIT maintains a founded belief that the non-party claimant’s alleged injuries and subsequent treatment are not covered under the policy. 41. The defendant providers have submitted claims to the plaintiff with an assignment of benefits from EDGAR CIFUENTES and are alleging that they had rendered services that are compensable under the terms of the policy. 42. The defendants have commenced or have the right to commence actions or arbitrations against the plaintiff, in accordance with Article 51 of the Insurance Law for purportedly overdue no-fault benefits. 43. AMERICAN TRANSIT, requires and requests a declaration of the rights and other legal relations of the respective parties in accordance with the applicable laws relating to declaratory judgments. 44. AMERICAN TRANSIT has no other adequate remedy at law. AS AND FOR A CAUSE OF ACTION AGAINST ALL DEFENDANTS FOR DECLARATORY JUDGMENT 10 of 16 FILED: KINGS COUNTY CLERK 05/07/2024 11:08 PM INDEX NO. 512883/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024 45. Plaintiff reiterates, incorporates, and re-alleges the allegations set forth in paragraphs numbered 1-44 as if fully set forth herein. 46. Based upon the circumstances stated above, AMERICAN TRANSIT maintains a founded belief that the alleged injuries of the non-party claimant and any subsequent no-fault treatment submitted by the medical provider defendants were did not arise out of an insured event and/or are the result of an intentionally staged occurrence.By reason of the foregoing, AMERICAN TRANSIT is entitled to a judgment declaring that the defendants ADVANCED ORTHOPAEDICS, P.L.L.C., ATLAS RADIOLOGY P.C., BENESSERE SERVICES INC, YH PHYSICAL THERAPY, PC D/B/A BEST CARE PHYSICAL THERAPY, CUSTOM RX PHARMACY LLC, FIFTH AVENUE SURGERY CENTER, FUNCTIONAL CHIROPRACTIC TESTING, P.C., IGOR AMIGUD PHYSICIAN P.C., LENOX HILL RADIOLOGY AND MEDICAL IMAGING ASSOCIATES, P.C., MATTHEW CARNIOL DC, NEW YORK MEDICAL & DIAGNOSTIC CARE P.C., PRC SUPPLIES INC., PROMISE HEALING ACUPUNCTURE PLLC, PULSE MEDICAL CARE, P.C., RELIABLE ONE SERVICES INC, UNITED PHYSICIANS PLLC have no rights under the no-fault regulations and AMERICAN TRANSIT is entitled to a judgment declaring that it owes no duty to any of the defendants to pay no-fault claims with respect to the November 2, 2019 collision. WHEREFORE, AMERICAN TRANSIT, demands a judgment as follows: a. On the First Cause of Action against the provider defendants ADVANCED ORTHOPAEDICS, P.L.L.C., ATLAS RADIOLOGY P.C., BENESSERE SERVICES INC, YH PHYSICAL THERAPY, PC D/B/A BEST CARE PHYSICAL THERAPY, CUSTOM RX PHARMACY LLC, FIFTH AVENUE SURGERY CENTER, FUNCTIONAL CHIROPRACTIC TESTING, P.C., IGOR 11 of 16 FILED: KINGS COUNTY CLERK 05/07/2024 11:08 PM INDEX NO. 512883/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024 AMIGUD PHYSICIAN P.C., LENOX HILL RADIOLOGY AND MEDICAL IMAGING ASSOCIATES, P.C., MATTHEW CARNIOL DC, NEW YORK MEDICAL & DIAGNOSTIC CARE P.C., PRC SUPPLIES INC., PROMISE HEALING ACUPUNCTURE PLLC, PULSE MEDICAL CARE, P.C., RELIABLE ONE SERVICES INC, UNITED PHYSICIANS PLLC declaring that AMERICAN TRANSIT owes no duty to pay no-fault claims to the provider defendants with respect to the November 2, 2019 collision referenced in the complaint and permanently staying any and all pending no-fault suits or arbitrations relating to this matter due to the fact that the alleged injuries of the non-party claimant and any subsequent no-fault treatment submitted by the provider defendants did not arise out of an insured vent and/or are the result of an intentionally staged occurrence related to the November 2, 2019 collision; b. For such other and further relief as this Court deems just, proper, and equitable. Dated: March 15, 2024 Yours, etc. ____________________________________ Luke Rosenberger, Esq. Law Offices of Daniel J. Tucker 5 BROADWAY, FREEPORT, NY 11520 DJ@american-transit.com Our File Number: 390165 Our Claim Number: 1073288-01 TO: ADVANCED ORTHOPAEDICS, P.L.L.C. 80-02 KEW GARDENS RD KEW GARDENS, NY 11415 ATLAS RADIOLOGY P.C. C/O JOHN THOMAS RIGNEY 11 BRITTANY COURT PO BOX 252 CHAPPAQUA, NY 10514 12 of 16 FILED: KINGS COUNTY CLERK 05/07/2024 11:08 PM INDEX NO. 512883/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024 BENESSERE SERVICES INC 80 MAIN STREET UNIT 3 HEMPSTEAD, NY 11550 YH PHYSICAL THERAPY, PC d/b/a BEST CARE PHYSICAL THERAPY 41-09 108TH STREET, SUITE LL CORONA , NY 11368 CUSTOM RX PHARMACY LLC 102-03A QUEENS BOULEVARD FOREST HILLS, NY 11375 FIFTH AVENUE SURGERY CENTER 1049 5TH AVENUE NEW YORK, NY 10028 FUNCTIONAL CHIROPRACTIC TESTING, P.C. ATTN: ANTHONY DESANO 8416 JAMAICA AVE WOODHAVEN, NY 11421 IGOR AMIGUD PHYSICIAN P.C. 211 EAST 53RD ST STE 3K NEW YORK, NY 10022 LENOX HILL RADIOLOGY AND MEDICAL IMAGING ASSOCIATES, P.C. 61 EAST 77TH STREET NEW YORK, NY 10075 MATTHEW CARNIOL DC 41-09 108TH SRTEET CORONA, NY 11368 NEW YORK MEDICAL & DIAGNOSTIC CARE P.C. 221 CENTER STREET WILLISTON PARK, NY 11596 PRC SUPPLIES INC. ATTN: PAUL CULLINANE 11 FOREST AVE PORT JEFFERSON STATION, NY 11776 13 of 16 FILED: KINGS COUNTY CLERK 05/07/2024 11:08 PM INDEX NO. 512883/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024 PROMISE HEALING ACUPUNCTURE PLLC 108-09 52ND AVENUE CORONA , NY 11368 PULSE MEDICAL CARE, P.C. 164-23 73RD AVE. FRESH MEADOWS, NY 11366 RELIABLE ONE SERVICES INC 56-14 VANHORN ST ELMBURST, NY 11373 UNITED PHYSICIANS PLLC C/O YELENA AMIGUD 211 E 53RD ST #3-K NEW YORK, NY 10022 14 of 16 FILED: KINGS COUNTY CLERK 05/07/2024 11:08 PM INDEX NO. 512883/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ___________________________________________XXX AMERICAN TRANSIT INSURANCE COMPANY Index #: Plaintiff, VERIFICATION -against- ADVANCED ORTHOPAEDICS, P.L.L.C., ATLAS RADIOLOGY P.C., BENESSERE SERVICES INC, YH PHYSICAL THERAPY, PC d/b/a BEST CARE PHYSICAL THERAPY, CUSTOM RX PHARMACY LLC, FIFTH AVENUE SURGERY CENTER, FUNCTIONAL CHIROPRACTIC TESTING, P.C., IGOR AMIGUD PHYSICIAN P.C., LENOX HILL RADIOLOGY AND MEDICAL IMAGING ASSOCIATES, P.C., MATTHEW CARNIOL DC, NEW YORK MEDICAL & DIAGNOSTIC CARE P.C., PRC SUPPLIES INC., PROMISE HEALING ACUPUNCTURE PLLC, PULSE MEDICAL CARE, P.C., RELIABLE ONE SERVICES INC, UNITED PHYSICIANS PLLC. Defendants. __________________________________________XXX STATE OF NEW YORK ) )ss: COUNTY OF KINGS ) URIEL MCLEISH, being duly sworn deposes and states that he is employed by American Transit Insurance Company; that he has read the foregoing Complaint and knows the content thereof; that the same is true to the knowledge of the deponent, except as to those matters therein states to be alleged upon information and belief, as to those matters he believes to be true. Facsimile copies shall be deemed as originals. ________________________ URIEL MCLEISH Sworn to me on: 17th April ______day of __________________, 2024 __________________________________ Notary Public 15 of 16 FILED: KINGS COUNTY CLERK 05/07/2024 11:08 PM INDEX NO. 512883/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024 Index No.: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS AMERICAN TRANSIT INSURANCE COMPANY, Plaintiff, -against- ADVANCED ORTHOPAEDICS, P.L.L.C., ATLAS RADIOLOGY P.C., BENESSERE SERVICES INC, YH PHYSICAL THERAPY, PC d/b/a BEST CARE PHYSICAL THERAPY, CUSTOM RX PHARMACY LLC, FIFTH AVENUE SURGERY CENTER, FUNCTIONAL CHIROPRACTIC TESTING, P.C., IGOR AMIGUD PHYSICIAN P.C., LENOX HILL RADIOLOGY AND MEDICAL IMAGING ASSOCIATES, P.C., MATTHEW CARNIOL DC, NEW YORK MEDICAL & DIAGNOSTIC CARE P.C., PRC SUPPLIES INC., PROMISE HEALING ACUPUNCTURE PLLC, PULSE MEDICAL CARE, P.C., RELIABLE ONE SERVICES INC, UNITED PHYSICIANS PLLC Defendant. ------------------------------------------------------------------------------------------------------------------------------------- SUMMONS AND VERIFIED COMPLAINT ----------------------------------------------------------------------------------------------------------------------------------------------------- LAW OFFICES OF DANIEL J. TUCKER Attorney for Plaintiff AMERICAN TRANSIT INSURANCE COMPANY Office and Post Office Address, Telephone 5 Broadway Freeport, NY 11520 ----------------------------------------------------------------------------------------------------------------------------------------------------- TO: Attorney(s) for: Plaintiff ----------------------------------------------------------------------------------------------------------------------------------------------------- Service of a copy of the within is hereby admitted. Dated, by: Attorney(s) for: ----------------------------------------------------------------------------------------------------------------------------------------------------- PLEASE TAKE NOTICE that the within is a true copy of a entered in the office of the clerk of the within named NOTICE OF Court on ENTRY that an Order of which the within is a true copy will be presented for settlement to the Hon. one of the judges of the within named Court, at NOTICE OF on , at 9:30 a.m. SETTLEMENT Dated: 16 of 16