On July 17, 2019 a
Exhibit,Appendix
was filed
involving a dispute between
Liberty Mutual Insurance Company,
Lm General Insurance Company,
and
Acutus Rx, Llc,
Ak Global Supply Corp.,
Amro Care Pt, P.C.,
Ava Custom Supply Inc.,
Citimedical I, Pllc,
Harbor Medical Group Pc,
Kendon Thomas,
Lawrence Chiropractic Diagnostic Services,
Mauro Chiropractic P.C.,
Metro Pain Specialists Professional Corporation,
North Shore Home Care Services, Inc.,
Opus Psychological Services P.C.,
Prospect Chiropractic Pllc,
Si Acupuncture, Pc,
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 07/14/2020 02:15 PM INDEX NO. 654092/2019
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 07/14/2020
Exhibit F
FILED: NEW YORK COUNTY CLERK 07/14/2020 02:15 PM INDEX NO. 654092/2019
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 07/14/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
___________________________________________________________________x AFFIRMATION
LIBERTY MUTUAL INSURANCE COMPANY
and LM GENERAL INSURANCE COMPANY, Index No.: 654092-2019
Plaintiffs
-against -
KENDON THOMAS,
Defendant"
"Individual
-and-
AMRO CARE PT, P.C.,
LAWRENCE CHIROPRACTIC DIAGNOSTIC SERVICES, P.C.,
NORTH SHORE HOME CARE SERVICES, INC.,
AVA CUSTOM SUPPLY INC.,
OPUS PSYCHOLOGICAL SERVICES P.C.,
SI ACUPUNCTURE, PC.,
METRO PAIN SPECIALISTS PROFESSIONAL
CORPORATION,
PROSPECT CHIROPRACTIC PLLC,
CITIMEDICAL I,PLLC,
MAURO CHIROPRACTIC P.C.,
HARBOR MEDICAL GROUP PC,
ACUTUS RX, LLC,
AK GLOBAL SUPPLY CORP,
Defendants"
"Medical Provider
collectively, the Defendants.
___________-- __- __- __- __- __ -------------------------X
Chi Wai Chuck Chang, an attorney duly admitted to practice in New York State, being duly
sworn deposes and says:
1. I am an attorney, of counsel, for Burke, Conway & Stiefeld (f/k/a Burke, Conway &
Dillon) for the plaintiff Liberty Mutual Insurance Company ("Liberty Mutual") and have been so
employed by Liberty Mutual at all times relevant herein. I was assigned to conduct EXaminations
"EUOs"
under Oath of the Individual Defendant, Kendon Thomas ("Thomas"). I am fully familiar
with this investigation based upon my own independent knowledge and also upon my review of the
filesmaintained by Liberty Mutual.
2. On September 17, 2018, I was present at the scheduled place and time for the EUO
of Thomas at Bee Court Reporting located at 89-00 Sutphin Boulevard, third Floor, Queens, New
FILED: NEW YORK COUNTY CLERK 07/14/2020 02:15 PM INDEX NO. 654092/2019
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 07/14/2020
York. Despite proper notice sent to Thomas and his attorney on September 7, 2018, he failed to
"no-show"
appear and a statement was placed on the records with the Court Reporter.
3. On October 4, 2018, I was present at the scheduled place and time for the EUO of
Thomas at Bee Court Reporting located at 89-00 Sutphin Boulevard, third Floor, Queens, New York.
Despite proper notice sent to Thomas and his attorney on September 18, 2018, he failed to appear
"no-show"
and a statement was placed on the records with the Court Reporter.
Thomas'
4. On October 16, 2018, notice was sent to Thomas and his attorney scheduling
EUO for October 25, 2018. Said EUO was rescheduled for November 2, 2018.
5. On November 2, 2018, I was present at the scheduled place and time for the EUO of
Thomas at Bee Court Reporting located at 89-00 Sutphin Boulevard, third Floor, Queens, New York.
Despite proper notice sent to Thomas and his attorney on October 25, 2018, he failed to appear and
"no-show"
a statement was placed on the records with the Court Reporter.
6. If Thomas had appeared and fully testified, itwould have been easier to make a
determination regarding the legitimacy and the payment of the claims. However, without a
satisfactory appearance, the billing could not be verified.
7. As such, I respectfully join in the request that a Default Judgment be granted and
that the Individual Defendants be prohibited from collecting on the billssubmitted because they
failed to comply with the policy provisions reasonably requested by Liberty Mutual and appear for
Examinations Under Oath as requested in the scheduling letters and as noted on the no show
statements that are attached to the plaintiff'smotion.
Dated: Mineola, NY
May 1, 2020
CHI WAI CHUCK CHANG
Preview
FILED: NEW YORK COUNTY CLERK 07/14/2020 02:15 PM INDEX NO. 654092/2019 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 07/14/2020 Exhibit F FILED: NEW YORK COUNTY CLERK 07/14/2020 02:15 PM INDEX NO. 654092/2019 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 07/14/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ___________________________________________________________________x AFFIRMATION LIBERTY MUTUAL INSURANCE COMPANY and LM GENERAL INSURANCE COMPANY, Index No.: 654092-2019 Plaintiffs -against - KENDON THOMAS, Defendant" "Individual -and- AMRO CARE PT, P.C., LAWRENCE CHIROPRACTIC DIAGNOSTIC SERVICES, P.C., NORTH SHORE HOME CARE SERVICES, INC., AVA CUSTOM SUPPLY INC., OPUS PSYCHOLOGICAL SERVICES P.C., SI ACUPUNCTURE, PC., METRO PAIN SPECIALISTS PROFESSIONAL CORPORATION, PROSPECT CHIROPRACTIC PLLC, CITIMEDICAL I,PLLC, MAURO CHIROPRACTIC P.C., HARBOR MEDICAL GROUP PC, ACUTUS RX, LLC, AK GLOBAL SUPPLY CORP, Defendants" "Medical Provider collectively, the Defendants. ___________-- __- __- __- __- __ -------------------------X Chi Wai Chuck Chang, an attorney duly admitted to practice in New York State, being duly sworn deposes and says: 1. I am an attorney, of counsel, for Burke, Conway & Stiefeld (f/k/a Burke, Conway & Dillon) for the plaintiff Liberty Mutual Insurance Company ("Liberty Mutual") and have been so employed by Liberty Mutual at all times relevant herein. I was assigned to conduct EXaminations "EUOs" under Oath of the Individual Defendant, Kendon Thomas ("Thomas"). I am fully familiar with this investigation based upon my own independent knowledge and also upon my review of the filesmaintained by Liberty Mutual. 2. On September 17, 2018, I was present at the scheduled place and time for the EUO of Thomas at Bee Court Reporting located at 89-00 Sutphin Boulevard, third Floor, Queens, New FILED: NEW YORK COUNTY CLERK 07/14/2020 02:15 PM INDEX NO. 654092/2019 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 07/14/2020 York. Despite proper notice sent to Thomas and his attorney on September 7, 2018, he failed to "no-show" appear and a statement was placed on the records with the Court Reporter. 3. On October 4, 2018, I was present at the scheduled place and time for the EUO of Thomas at Bee Court Reporting located at 89-00 Sutphin Boulevard, third Floor, Queens, New York. Despite proper notice sent to Thomas and his attorney on September 18, 2018, he failed to appear "no-show" and a statement was placed on the records with the Court Reporter. Thomas' 4. On October 16, 2018, notice was sent to Thomas and his attorney scheduling EUO for October 25, 2018. Said EUO was rescheduled for November 2, 2018. 5. On November 2, 2018, I was present at the scheduled place and time for the EUO of Thomas at Bee Court Reporting located at 89-00 Sutphin Boulevard, third Floor, Queens, New York. Despite proper notice sent to Thomas and his attorney on October 25, 2018, he failed to appear and "no-show" a statement was placed on the records with the Court Reporter. 6. If Thomas had appeared and fully testified, itwould have been easier to make a determination regarding the legitimacy and the payment of the claims. However, without a satisfactory appearance, the billing could not be verified. 7. As such, I respectfully join in the request that a Default Judgment be granted and that the Individual Defendants be prohibited from collecting on the billssubmitted because they failed to comply with the policy provisions reasonably requested by Liberty Mutual and appear for Examinations Under Oath as requested in the scheduling letters and as noted on the no show statements that are attached to the plaintiff'smotion. Dated: Mineola, NY May 1, 2020 CHI WAI CHUCK CHANG