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Liberty Mutual Insurance Company, Liberty Mutual Fire Insurance Company, Liberty Insurance Corporation, The First Liberty Insurance Corporation, Lm Insurance Corporation, Liberty Mutual Mid-Atlantic Insurance Company, Liberty County Mutual Insurance…
On January 02, 2019 an other matters - contract - other case was filed by (Subcribe to view) represented by (Subcribe to view) against (Subscribe to view) represented by (Subscribe to view) in the jurisdiction of Nassau County.
Case Details
Case Number
Filing Date
January 02, 2019
Last Refreshed
October 10, 2023
Filing Location
Nassau County, NY
Filing Court House
Nassau County Supreme Court
Category
Other Matters - Contract - Other
Practice Area
Commercial
Matter Type
Breach of Contract
Status
Dismissal
Case Duration
1 year and 21 days
Overview
This action seeks to recover more than $118,000.00 that Defendants-transient
healthcare providers-wrongfully obtained from Liberty Mutual by submitting, or causing to be
submitted, fraudulent no-fault insurance charges relating to medically unnecessary, illusory, or
otherwise non-reimbursable healthcare services, including computerized range of motion and
muscle tests ("ROM/MT"), physical performance tests ("PPT"), computerized activity limitation
measurement tests ("ALM Tests"), and pain fiber nerve conduction studies ("PfNCS")
(collectively, the "Fraudulent Services"), that Defendants allegedly rendered to New York
automobile accident victims covered by Liberty Mutual insurance policies ("Insureds").
In addition to monetary relief, Liberty Mutual seek a declaration that it is not
legally obligated to pay reimbursement of more than $303,000.00 in pending no-fault insurance
claims submitted by or on behalf of Defendants BSS Medical, P.C. ("BSS Medical"), Tandingan
PT, P.C. ("Tandingan"), Dignity PT, P.C. ("Dignity"), Quantum Rehab Physical Therapy, P.C.
("Quantum Rehab"), VP Chiropractic Adjustment, P.C. ("VP Chiropractic"), and SR Wellness
PT, P.C. ("SR Wellness") because:
Causes of Action
1. Against All Defendants
2. Against BSS Medical and Sawhney (Common Law Fraud)
3. Against BSS Medical and Sawhney (Unjust Enrichment)
5. Against Tandingan and Madonna (Unjust Enrichment)
6. Against Dignity and Abdel (Common Law Fraud)
7. Against Dignity and Abdel (Unjust Enrichment)
8. Against Quantum Rehab and Estrella (Common Law Fraud)
9. Against Quantum Rehab and Estrella (Unjust Enrichment)
10. Against SR Wellness and Brioso (Common Law Fraud)
11. Against SR Wellness and Brioso (Unjust Enrichment)
12. Against VP Chiropractic and Vlad
_THIRTEENTH CAUSE OF ACTION Against VP Chiropractic and Vlad (Unjust Enrichment)
Parties
Plaintiffs
American States Insurance Company
Liberty County Mutual Insurance Company
Liberty Insurance Corporation
Liberty Mutual Fire Insurance Company
Liberty Mutual Insurance Company
Liberty Mutual Mid-Atlantic Insurance Company
Lm Insurance Corporation
Lm Property And Casualty Insurance Company
Safeco Company Of Indiana
The First Liberty Insurance Corporation
Attorneys for Plaintiffs
Levy, Barry I.
Sirignano, Michael A
(Rivkin, Radler, LLP)
Tiscione, Frank Peter
Defendants
Bhupinder Sawhney M.D.
Bss Medical, P.C
Dignity Pt, P.C.
Lorilita Estrella
Madonna Tandingan
Mazen Abdel Magid
Quantum Rehab Physical Therapy, P.C.
Sonora Brioso
Sr Wellness Pt, P.C.
Tandingan Pt, P.C.
Vlad Pogildakov
Vp Chiropractic Adjustment, P.C
Attorneys for Defendants
Horn, Charles H
Villanti, Christopher Anthony
Case Documents
STIPULATION - DISCONTINUANCE (PRE RJI)
Date: Jan 23, 2020
STIPULATION - DISCONTINUANCE (PRE RJI) Corrected
Date: Jul 31, 2019
STIPULATION - DISCONTINUANCE (PRE RJI)
Date: Jul 30, 2019
ANSWER
Date: Apr 11, 2019
STIPULATION - DISCONTINUANCE (PRE RJI)
Date: Mar 13, 2019
ANSWER WITH COUNTER-CLAIM(S)
Date: Feb 27, 2019
ANSWER WITH COUNTER-CLAIM(S)
Date: Feb 27, 2019
STIPULATION - TIME TO ANSWER
Date: Jan 29, 2019
SUMMONS COMPLAINT
Date: Jan 02, 2019Case Events
| Date | Type | Description | |
|---|---|---|---|
| January 23, 2020 | Docket Event |
STIPULATION - DISCONTINUANCE (PRE RJI) With prejudice as against Defendants Mazen Abdel Magid and Dignity PT, P.C. |
|
| July 31, 2019 | Docket Event |
STIPULATION - DISCONTINUANCE (PRE RJI) *Corrected* Stipulation of Discontinuance without Prejudice as against Defendants Bhupinder Sawhney, M.D. and BS |
|
| July 30, 2019 | Docket Event |
STIPULATION - DISCONTINUANCE (PRE RJI) Without Prejudice as against Defendants Madonna Tandingan and Tandingan PT, P.C. |
|
| April 11, 2019 | Docket Event |
ANSWER Verified |
|
| April 11, 2019 | Docket Event | AFFIRMATION/AFFIDAVIT OF SERVICE | |
| March 13, 2019 | Docket Event |
STIPULATION - DISCONTINUANCE (PRE RJI) Stipulation of Dismissal without Prejudice as Against Defendant Lorilita Estrella and Quantum Rehab |
|
| March 13, 2019 | Docket Event |
NOTICE OF DISCONTINUANCE (PRE RJI) Notice of Voluntary Dismissal with Prejudice against Vlad Pogildakov and VP Chiropractic Adjustment, |
|
| March 05, 2019 | Docket Event |
NOTICE OF DISCONTINUANCE (PRE RJI) Notice of Voluntary Dismissal with Prejudice against the Defendants Sonora Brioso and SR Wellness PT |
|
| February 27, 2019 | Docket Event |
ANSWER WITH COUNTER-CLAIM(S) Answer with Counterclaims - Tandingan PT and Madonna Tandingan |
|
| February 27, 2019 | Docket Event |
ANSWER WITH COUNTER-CLAIM(S) Answer with Counterclaims - BSS Medical and Bhupinder Sawhney |
|
| February 20, 2019 | Docket Event |
AFFIRMATION/AFFIDAVIT OF SERVICE Vlad Pogildakov |
|
| January 29, 2019 | Docket Event | STIPULATION - TIME TO ANSWER | |
| January 28, 2019 | Docket Event |
AFFIRMATION/AFFIDAVIT OF SERVICE Lorilita Estrella |
|
| January 22, 2019 | Docket Event |
NOTICE OF APPEARANCE (PRE RJI) Notice of Appearance for Barry I. Levy |
|
| January 22, 2019 | Docket Event |
NOTICE OF APPEARANCE (PRE RJI) Notice of Appearance for Frank P. Tiscione |
|
| January 22, 2019 | Docket Event |
AFFIRMATION/AFFIDAVIT OF SERVICE Madonna Tandingan |
|
| January 22, 2019 | Docket Event |
AFFIRMATION/AFFIDAVIT OF SERVICE Sonora Brioso |
|
| January 17, 2019 | Docket Event |
AFFIRMATION/AFFIDAVIT OF SERVICE BSS Medical PC |
|
| January 17, 2019 | Docket Event |
AFFIRMATION/AFFIDAVIT OF SERVICE Mazen Abdel Magid |
|
| January 17, 2019 | Docket Event |
AFFIRMATION/AFFIDAVIT OF SERVICE Tandingan |
|
| January 17, 2019 | Docket Event |
AFFIRMATION/AFFIDAVIT OF SERVICE Dignity PT PC |
|
| January 17, 2019 | Docket Event |
AFFIRMATION/AFFIDAVIT OF SERVICE Quantum Rehab Physical Therapy PC |
|
| January 17, 2019 | Docket Event |
AFFIRMATION/AFFIDAVIT OF SERVICE SR Wellness PT PC |
|
| January 17, 2019 | Docket Event |
AFFIRMATION/AFFIDAVIT OF SERVICE VP Chiropractic Adjustment PC |
|
| January 17, 2019 | Docket Event |
AFFIRMATION/AFFIDAVIT OF SERVICE Sawhney |
|
| January 02, 2019 | Docket Event |
EXHIBIT(S) - 6 Exhibit 6 |
|
| January 02, 2019 | Docket Event |
EXHIBIT(S) - 5 Exhibit 5 |
|
| January 02, 2019 | Docket Event |
EXHIBIT(S) - 4 Exhibit 4 |
|
| January 02, 2019 | Docket Event |
EXHIBIT(S) - 3 Exhibit 3 |
|
| January 02, 2019 | Docket Event |
EXHIBIT(S) - 2 Exhibit 2 |
|
| January 02, 2019 | Docket Event |
EXHIBIT(S) - 1 Exhibit 1 |
|
| January 02, 2019 | Docket Event |
SUMMONS + COMPLAINT And Verification |
