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. 15 RECEIVED NYSCEF: 07/14/2020
Exhibit D
FILED: NEW YORK COUNTY CLERK 07/14/2020 02:15 PM INDEX NO. 654092/2019
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 07/14/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
___________________________________________________________________x AFFIDAVIT
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
Asher Grossman, an attorney duly admitted to practice before the Courts of the State of
New York, hereby affirms the following under penalties of perjury and pursuant to CPLR 2106:
1. I am an Attorney for Burke, Conway & Stiefeld, counsel for the Plaintiff, Liberty
Mutual Insurance Company ("Liberty Mutual") and have been so employed at alltimes relevant
herein. 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. I have investigated military service on the part of the Individual Defendant by looking
through data banks of the Department of Defense Manpower Data Center for the status of the
Individual Defendants to check their active duty status as to allbranches of the Uniformed Services.
FILED: NEW YORK COUNTY CLERK 07/14/2020 02:15 PM INDEX NO. 654092/2019
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 07/14/2020
3. I used his Social Security number and/or date of birth to uniquely identify him and
there was no record of him serving. The active duty database only reports on active duty dates from
September 30, 1985 to the present.
Dated: White Plains, New York
June 10, 2020
Asher Grossman, Esquire
BURKE, CONWAY & STIEFELD
Attorneys for Plaintiffs
LIBERTY MUTUAL INSURANCE
COMPANY, et al
10 Bank Street - Suite 1200
White Plains, NY 10606
(914) 997-8100
Document Filed Date
July 14, 2020
Case Filing Date
July 17, 2019
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FILED: NEW YORK COUNTY CLERK 07/14/2020 02:15 PM INDEX NO. 654092/2019 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 07/14/2020 Exhibit D FILED: NEW YORK COUNTY CLERK 07/14/2020 02:15 PM INDEX NO. 654092/2019 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 07/14/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ___________________________________________________________________x AFFIDAVIT 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 Asher Grossman, an attorney duly admitted to practice before the Courts of the State of New York, hereby affirms the following under penalties of perjury and pursuant to CPLR 2106: 1. I am an Attorney for Burke, Conway & Stiefeld, counsel for the Plaintiff, Liberty Mutual Insurance Company ("Liberty Mutual") and have been so employed at alltimes relevant herein. 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. I have investigated military service on the part of the Individual Defendant by looking through data banks of the Department of Defense Manpower Data Center for the status of the Individual Defendants to check their active duty status as to allbranches of the Uniformed Services. FILED: NEW YORK COUNTY CLERK 07/14/2020 02:15 PM INDEX NO. 654092/2019 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 07/14/2020 3. I used his Social Security number and/or date of birth to uniquely identify him and there was no record of him serving. The active duty database only reports on active duty dates from September 30, 1985 to the present. Dated: White Plains, New York June 10, 2020 Asher Grossman, Esquire BURKE, CONWAY & STIEFELD Attorneys for Plaintiffs LIBERTY MUTUAL INSURANCE COMPANY, et al 10 Bank Street - Suite 1200 White Plains, NY 10606 (914) 997-8100