Preview
FILED: NEW YORK COUNTY CLERK 11/17/2020 07:49 AM INDEX NO. 652678/2018
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 11/17/2020
Exhibit E
FILED: NEW YORK COUNTY CLERK 07/23/2018
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NYSCEF DOC. NO. 3
51 RECEIVED NYSCEF: 07/23/2018
11/17/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
__________..__ _____________----- -----
¬--X
LIBERTY MUTUAL INSURANCE COMPANY
and LM GENERAL INSURANCE COMPANY, Index No.: 652678/18
Plaintiffs,
-against- ANSWER
MOSHE ZIRKIEV
Defendant,"
"Individual
-and-
ADVANCED RECOVERY EQUIPMENT AND
SUPPLIES LLC,
ANESTHESIA SOLUTIONS P.C.,
BARRY DUBLIN MD,
MLJ CHIROPRACTIC P.C.,
ORTHOCARETECH INC.,
PROTECHMED INC,
QUALITY ORTHOPEDICS AND COMPLETE
JOINT CARE P.C.,
QUEST DIAGNOSTICS INCORPORATED,
RIGHT HAND MEDICAL ASSIST L.L.C.,
ROBERT MALAKOV, PHYSICIAN, P.C.,
ROXBURY ANESTHESIA, LLC,
SOUTHWEST NASSAU RADIOLOGY, P.C.,
STILLWELL CHIROPRACTIC P.C.,
SURGICORE OF NEW JERSEY CITY, LLC.,
VALUECARE PHARMACY INC.,
VIRGINIA FERRIGNO, LMT,
Defendants"
"Medical Provider
collectively, the Defendants.
______ ___________________________________________----- --X
Defendant, MOSHE ZIRKIEV, Pro Se, as and for itsanswer respectfully alleges upon
information and belief as follows:
ANSWERING ALL CAUSES OF ACTION
1. Denies any knowledge or information sufficient to form a belief as to each and every
allegation contained in parãgraphs 1, 4 ,5, 6, 9 through 24, of the Complaint,
2. Answering Defendant DENIES that the jurisdiction and venue contained in paragraph
2 and 3 of the Coniplãint are the correct forum for this matter, as the answering Defendant was
and continues to be a resident of the County of Queens when this action was commenced.
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3. Denies any knowledge or information sufficient to form a belief as to each and every
allegation contained in paragraphs 30 through 33, 35 through 62, of the Complaint, and refers all
questions of law to this honorable Court at the time of trial
4. Upon information and belief, admits to the allegations contained in Paragraph 7, 25
through 29, of plaintiff's Complaint.
5. Admits to the allegations contained in Paragraph 8 of plaintiff's Complaiñt.
6. Denies each and every allegation contained in paragraph 34 of the Complaint.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
7. Plaintiff's complaint fails to state a cause of action
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
8. The Court lacks personal jurisdiction. Venue is improper.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
9. The complaint is barred in whole or in part by laches.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
10. The action is barred by the doctrines of waiver, estoppel and res judicata.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
11. That the plaintiff has not met and fully complied with allconditions precedent to
bringing an action against the defendant.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
12. Plaintiff failed to issue timely and/or proper delay letters.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
13. Plaintiff failed to issue timely and/or proper denials.
AS AND FOR A EIGHTH AFFIRMATIVE DEFENSE
14. Plaintiff's delay letters, denials and EUO scheduling letters are improper, untimely
and defective.
AS AND FOR A NINETH AFFIRMATIVE DEFENSE
15. Defendant's alleged non-compliance to EUOs demanded by Plaintiff was not
established by admissible evidence.
2
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AS AND FOR A TENTH AFFIRMATIVE DEFENSE
15. Defendant hereby gives notice that Defendant intends to rely upon other affirmative
defenses that may become available or appear during discovery proceedings in this case and
hereby reserve their rights to amend this Answer to assert such defenses.
WHEREFORE, the answering defendant demands judgment dismissing the complaint and
granting costs and disbursements of the action, and demands judgment against Plaintiff, together
with such relief this Court deems just and proper.
Dated: Queens, New York
July 23, 2018
Ph
By:
Moshe Zirkiev,
6730 166 Street
Fresh Meadows NY 11365
Robert J. Spence III,Esq.
BURKE, CONWAY & DILLON
10 Bank Street, Suite 1200
White Plains, NY 10606
914-997-8100
3
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
__________________________ .--------------------- -----------------X
LIBERTY MUTUAL INSURANCE COMPANY
and LM GENERAL INSURANCE COMPANY, Index No.: 652678/18
Plaintiffs,
-against-
AFFIDAVIT OF
MOSHE ZIRKIEV RESIDENCE
Defendant,"
"Individual
-and-
ADVANCED RECOVERY EQUIPMENT AND
SUPPLIES LLC,
ANESTHESIA SOLUTIONS P.C.,
BARRY DUBLIN MD,
MLJ CHIROPRACTIC P.C.,
ORTHOCARETECH INC.,
PROTECHMED INC,
QUALITY ORTHOPEDICS AND COMPLETE
JOINT CARE P.C.,
QUEST DIAGNOSTICS INCORPORATED,
RIGHT HAND MEDICAL ASSIST L.L.C.,
ROBERT MALAKOV, PHYSICIAN, P.C.,
ROXBURY ANESTHESIA, LLC,
SOUTHWEST NASSAU RADIOLOGY, P.C.,
STILLWELL CHIROPRACTIC P.C.,
SURGICORE OF NEW JERSEY CITY, LLC.,
VALUECARE PHARMACY INC.,
VIRGINIA FERRIGNO, LMT,
Defendants"
"Medical Provider
collectively, the Defendants.
------------------------ -- ---------- ----------------------X
STATE OF NEW YORK)
SS:
COUNTY OF QUEENS)
MOSHE ZIRKIEV, being duly affirmed, deposes and says under the penalty of perjury:
166™
1. I am the defendant in this case. I currently reside and have resided at 67-30 Street
in Fresh Meadows, County of Queens, Ne York since before this complaint was filed.
MOSHE Z V
SW RN TO BEFORE ME THIS
DAY OF , 2018
3ub/
DAVID RACHMANOVA
NOTARY PUBLIC
STATE OF NEW YORK
NOTA1(Y PUBLIC QUALIFIED IN QUEENS COUNTY
COMMISSION EXPIRES 12/27/2018
01RA6233485
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
____________________________________________________________________..-------X
LIBERTY MUTUAL INSURANCE COMPANY
and LM GENERAL INSURANCE COMPANY, Index No.: 652678/18
Plaintiffs,
ANSWER
-against-
MOSHE ZIRKIEV
Defendant,"
"Individual
-and-
ADVANCED RECOVERY EQUIPMENT AND
SUPPLIES LLC,
ANESTHESIA SOLUTIONS P.C.,
BARRY DUBLIN MD,
MLJ CHIROPRACTIC P.C.,
ORTHOCARETECH INC.,
PROTECHMED INC,
QUALITY ORTHOPEDICS AND COMPLETE
JOINT CARE P.C.,
QUEST DIAGNOSTICS INCORPORATED,
RIGHT HAND MEDICAL ASSIST LL.C.,
ROBERT MALAKOV, PHYSICIAN, P.C.,
ROXBURY ANESTHESIA, LLC,
SOUTHWEST NASSAU RADIOLOGY, P.C.,
STILLWELL CHIROPRACTIC P.C.,
SURGlCORE OF NEW JERSEY CITY, LLC.,
VALUECARE PHARMACY INC.,
VIRGINIA FERRIGNO, LMT,
Defendants"
"Medical Provider
collectively, the Defendants.
——— ——-
————
— —
-----------------------------·------------------------------------------------X
Defendants MLJ CHIROPRACTIC P.C. and ROBERT MALAKOV, PHYSICIAN, P.C, by and
through their attorneys, Gitells Law Firm, P.C., as and for their answers to plaintiff's complaint
assert the following:
1. Denies knowledge or information sufficient to form a belief as to the truth of the
statements/allegations contained in paragraphs 1,4,5, 6, 9, 10, 11, 13, 14, 15, 16,
17, 19, 20, 21, 22, 23, 24, 30, 31, 32, 33, 34, 3536, 37, 38, 38, 40, 41 and 42 of the
complaint and directs allquestions of law to the Court and questions of fact to the
triers of fact.
2. Upon information and belief, admits the statements/allegations contained in
paragraphs 7, 8, 12, 18, 25, 26, 27, 28 and 29 and directs allquestions of law to the
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Court and questions of fact to the triers of fact for the remaining
statements/allegations in the paragraph.
3. Denies the allegations contained in paragraph 2 and 3 of the complaint and directs
allquestions of law to the Court and questions of fact to the triers of fact.
AS AND FOR AN ANSWER TO THE
FIRST CAUSE OF ACTION
4. Defendant repeats his responses to paragraph 1 through 42 for his answer to
paragraph 43 of the complaint, as iffully set forth.
5. Denies the allegations contained in paragraph 44, 45, 46 and 47 of the complaint
and directs allquestions of law to the Court and questions of factto the triersof fact.
AS AND FOR AN ANSWER TO THE
SECOND CAUSE OF ACTION
6. Defendant repeats his responses to paragraph 1 through 47 for his answer
to paragraph 48 of the complaint, as iffully set forth.
7. Denies the allegations contained in paragraph 49, 50 and 51 of the
complaint and directs allquestions of law to the Court and questions of fact
to the triers of fact.
AS AND FOR AN ANSWER TO THE
THIRD CAUSE OF ACTION
8. Defendant repeats his responses to paragraph 1 through 51 for his answer
to paragraph 52 of the complaint, as iffullyset forth.
9. Denies the allegations contained in paragraph 53 and 54 of the complaint
and directs allquestions of law to the Court and questions of fact to the triers
of fact.
AS AND FOR AN ANSWER TO THE
FOURTH CAUSE OF ACTION
10. Defendant repeats his responses to paragraph 1 through 54 for his answer
to paragraph 55 of the complaint, as iffully set forth.
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11. Denies the allegations contained in paragraph 56, 57 and 58 of the
complaint and directs allquestions of law to the Court and questions of fact
to the triers of fact.
AS AND FOR AN ANSWER TO THE
FIFTH CAUSE OF ACTION
12. Defendant repeats his responses to paragraph 1 through 58 for his answer
to paragraph 59 of the complaint, as iffullyset forth.
13. Denies the allegations contained in paragraph 60, 61 and 62 of the
complaint and directs allquestions of law to the Court and questions of fact
to the triers of fact.
AS AND FOR A FIRST, SEPARATE AND
COMPLETE AFFIRMATIVE DEFENSE
14. This Court lacks jurisdiction.
AS AND FOR A SECOND, SEPARATE AND
COMPLETE AFFIRMATIVE DEFENSE
15. The complaint is barred in whole or in part by plaintiffs breach of N.Y.
Comp. Codes Rules & Reg tit.11 65-3.5(e).
AS AND FOR A THIRD, SEPARATE AND
COMPLETE AFFIRMATIVE DEFENSE
16. Plaintiff Complaint must be dismissed pursuant to CPLR 3211(a)(7) upon
the ground that the pleading fails to state a cause of action upon which
relief can be granted.
AS AND FOR A FOURTH, SEPARATE AND
COMPLETE AFFIRMATIVE DEFENSE
17. Judgment in favor of Plaintiff would result in unjust enrichment.
3
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AS AND FOR A FIFTH, SEPARATE AND
COMPLETE AFFIRMATIVE DEFENSE
18. The complaint is barred in whole or in part by laches.
AS AND FOR A SIXTH, SEPARATE AND
COMPLETE AFFIRMATIVE DEFENSE
19. The action is barred by the doctrines of waiver, estoppel and res judicata.
AS AND FOR A SEVENTH, SEPARATE AND
COMPLETE AFFIRMATIVE DEFENSE
20. Plaintifffailed to issue timely and/or proper delay letters.
AS AND FOR A EIGHTH, SEPARATE AND
COMPLETE AFFIRMATIVE DEFENSE
21. Plaintifffailed to issue timely and/or proper denials.
AS AND FOR A NINTH, SEPARATE AND
COMPLETE AFFIRMATIVE DEFENSE
22. Plaintiff'sdelay letters, denials and EUO scheduling letters are improper and
defective.
AS AND FOR A TENTH, SEPARATE AND
COMPLETE AFFIRMATIVE DEFENSE
23. Defendant's alleged non-compliance to EUOs demanded by Plaintiff was
not established by admissible evidence.
AS AND FOR AELEVETH,SEPARATE AND
COMPLETE AFFIRMATIVE DEFENSE
4
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24. Defendant hereby gives notice that Defendant intends to rely upon other
affirmative defenses that may become available or appear during discovery
proceedings in this case and hereby reserve their rights to amend this
Answer to assert such defenses.
WHEREFORE, the answering defendants demand judgment dismissing the
Complaint on the plaintiff in itsentirety, together with costs and disbursements of this action and
for such other and further reliefas to this court seems just and proper. Dated: Queens, New
York
August 6, 2018
Yours, etc.
GITELIS LAW FIRM, P.C.
By:
Steve Gitelis, Esq.
Attorneys for Defendants
MLJ CHIROPRACTIC P.C. and
ROBERT MALAKOV PHYSICIAN, P.C.
2nd
2004 Coney Island Avenue FlOOr
Brooklyn NY 11223
(718) 871-5070
TO:
Robert J. Spence Ill,Esq.
BURKE, CONWAY & DILLON
Attorneys for Plaintiffs
LIBERTY MUTUAL INSURANCE
COMPANYand LM GENERAL
INSURANCE COMPANY
10 Bank Street, Suite 1200
White Plains, NY 10606
914-997-8100
5
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Preview
FILED: NEW YORK COUNTY CLERK 11/17/2020 07:49 AM INDEX NO. 652678/2018 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 11/17/2020 Exhibit E FILED: NEW YORK COUNTY CLERK 07/23/2018 11/17/2020 11:28 07:49 AM INDEX NO. 652678/2018 NYSCEF DOC. NO. 3 51 RECEIVED NYSCEF: 07/23/2018 11/17/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK __________..__ _____________----- ----- ¬--X LIBERTY MUTUAL INSURANCE COMPANY and LM GENERAL INSURANCE COMPANY, Index No.: 652678/18 Plaintiffs, -against- ANSWER MOSHE ZIRKIEV Defendant," "Individual -and- ADVANCED RECOVERY EQUIPMENT AND SUPPLIES LLC, ANESTHESIA SOLUTIONS P.C., BARRY DUBLIN MD, MLJ CHIROPRACTIC P.C., ORTHOCARETECH INC., PROTECHMED INC, QUALITY ORTHOPEDICS AND COMPLETE JOINT CARE P.C., QUEST DIAGNOSTICS INCORPORATED, RIGHT HAND MEDICAL ASSIST L.L.C., ROBERT MALAKOV, PHYSICIAN, P.C., ROXBURY ANESTHESIA, LLC, SOUTHWEST NASSAU RADIOLOGY, P.C., STILLWELL CHIROPRACTIC P.C., SURGICORE OF NEW JERSEY CITY, LLC., VALUECARE PHARMACY INC., VIRGINIA FERRIGNO, LMT, Defendants" "Medical Provider collectively, the Defendants. ______ ___________________________________________----- --X Defendant, MOSHE ZIRKIEV, Pro Se, as and for itsanswer respectfully alleges upon information and belief as follows: ANSWERING ALL CAUSES OF ACTION 1. Denies any knowledge or information sufficient to form a belief as to each and every allegation contained in parãgraphs 1, 4 ,5, 6, 9 through 24, of the Complaint, 2. Answering Defendant DENIES that the jurisdiction and venue contained in paragraph 2 and 3 of the Coniplãint are the correct forum for this matter, as the answering Defendant was and continues to be a resident of the County of Queens when this action was commenced. 1 of 4 FILED: NEW YORK COUNTY CLERK 07/23/2018 11/17/2020 11:28 07:49 AM INDEX NO. 652678/2018 NYSCEF DOC. NO. 3 51 RECEIVED NYSCEF: 07/23/2018 11/17/2020 3. Denies any knowledge or information sufficient to form a belief as to each and every allegation contained in paragraphs 30 through 33, 35 through 62, of the Complaint, and refers all questions of law to this honorable Court at the time of trial 4. Upon information and belief, admits to the allegations contained in Paragraph 7, 25 through 29, of plaintiff's Complaint. 5. Admits to the allegations contained in Paragraph 8 of plaintiff's Complaiñt. 6. Denies each and every allegation contained in paragraph 34 of the Complaint. AS AND FOR A FIRST AFFIRMATIVE DEFENSE 7. Plaintiff's complaint fails to state a cause of action AS AND FOR A SECOND AFFIRMATIVE DEFENSE 8. The Court lacks personal jurisdiction. Venue is improper. AS AND FOR A THIRD AFFIRMATIVE DEFENSE 9. The complaint is barred in whole or in part by laches. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE 10. The action is barred by the doctrines of waiver, estoppel and res judicata. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 11. That the plaintiff has not met and fully complied with allconditions precedent to bringing an action against the defendant. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE 12. Plaintiff failed to issue timely and/or proper delay letters. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE 13. Plaintiff failed to issue timely and/or proper denials. AS AND FOR A EIGHTH AFFIRMATIVE DEFENSE 14. Plaintiff's delay letters, denials and EUO scheduling letters are improper, untimely and defective. AS AND FOR A NINETH AFFIRMATIVE DEFENSE 15. Defendant's alleged non-compliance to EUOs demanded by Plaintiff was not established by admissible evidence. 2 2 of 4 FILED: NEW YORK COUNTY CLERK 07/23/2018 11/17/2020 11:28 07:49 AM INDEX NO. 652678/2018 NYSCEF DOC. NO. 3 51 RECEIVED NYSCEF: 07/23/2018 11/17/2020 AS AND FOR A TENTH AFFIRMATIVE DEFENSE 15. Defendant hereby gives notice that Defendant intends to rely upon other affirmative defenses that may become available or appear during discovery proceedings in this case and hereby reserve their rights to amend this Answer to assert such defenses. WHEREFORE, the answering defendant demands judgment dismissing the complaint and granting costs and disbursements of the action, and demands judgment against Plaintiff, together with such relief this Court deems just and proper. Dated: Queens, New York July 23, 2018 Ph By: Moshe Zirkiev, 6730 166 Street Fresh Meadows NY 11365 Robert J. Spence III,Esq. BURKE, CONWAY & DILLON 10 Bank Street, Suite 1200 White Plains, NY 10606 914-997-8100 3 3 of 4 FILED: NEW YORK COUNTY CLERK 07/23/2018 11/17/2020 11:28 07:49 AM INDEX NO. 652678/2018 NYSCEF DOC. NO. 3 51 RECEIVED NYSCEF: 07/23/2018 11/17/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK __________________________ .--------------------- -----------------X LIBERTY MUTUAL INSURANCE COMPANY and LM GENERAL INSURANCE COMPANY, Index No.: 652678/18 Plaintiffs, -against- AFFIDAVIT OF MOSHE ZIRKIEV RESIDENCE Defendant," "Individual -and- ADVANCED RECOVERY EQUIPMENT AND SUPPLIES LLC, ANESTHESIA SOLUTIONS P.C., BARRY DUBLIN MD, MLJ CHIROPRACTIC P.C., ORTHOCARETECH INC., PROTECHMED INC, QUALITY ORTHOPEDICS AND COMPLETE JOINT CARE P.C., QUEST DIAGNOSTICS INCORPORATED, RIGHT HAND MEDICAL ASSIST L.L.C., ROBERT MALAKOV, PHYSICIAN, P.C., ROXBURY ANESTHESIA, LLC, SOUTHWEST NASSAU RADIOLOGY, P.C., STILLWELL CHIROPRACTIC P.C., SURGICORE OF NEW JERSEY CITY, LLC., VALUECARE PHARMACY INC., VIRGINIA FERRIGNO, LMT, Defendants" "Medical Provider collectively, the Defendants. ------------------------ -- ---------- ----------------------X STATE OF NEW YORK) SS: COUNTY OF QUEENS) MOSHE ZIRKIEV, being duly affirmed, deposes and says under the penalty of perjury: 166™ 1. I am the defendant in this case. I currently reside and have resided at 67-30 Street in Fresh Meadows, County of Queens, Ne York since before this complaint was filed. MOSHE Z V SW RN TO BEFORE ME THIS DAY OF , 2018 3ub/ DAVID RACHMANOVA NOTARY PUBLIC STATE OF NEW YORK NOTA1(Y PUBLIC QUALIFIED IN QUEENS COUNTY COMMISSION EXPIRES 12/27/2018 01RA6233485 4 of 4 FILED: NEW YORK COUNTY CLERK 08/06/2018 11/17/2020 03:11 07:49 PM AM INDEX NO. 652678/2018 NYSCEF DOC. NO. 6 51 RECEIVED NYSCEF: 08/06/2018 11/17/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ____________________________________________________________________..-------X LIBERTY MUTUAL INSURANCE COMPANY and LM GENERAL INSURANCE COMPANY, Index No.: 652678/18 Plaintiffs, ANSWER -against- MOSHE ZIRKIEV Defendant," "Individual -and- ADVANCED RECOVERY EQUIPMENT AND SUPPLIES LLC, ANESTHESIA SOLUTIONS P.C., BARRY DUBLIN MD, MLJ CHIROPRACTIC P.C., ORTHOCARETECH INC., PROTECHMED INC, QUALITY ORTHOPEDICS AND COMPLETE JOINT CARE P.C., QUEST DIAGNOSTICS INCORPORATED, RIGHT HAND MEDICAL ASSIST LL.C., ROBERT MALAKOV, PHYSICIAN, P.C., ROXBURY ANESTHESIA, LLC, SOUTHWEST NASSAU RADIOLOGY, P.C., STILLWELL CHIROPRACTIC P.C., SURGlCORE OF NEW JERSEY CITY, LLC., VALUECARE PHARMACY INC., VIRGINIA FERRIGNO, LMT, Defendants" "Medical Provider collectively, the Defendants. ——— ——- ———— — — -----------------------------·------------------------------------------------X Defendants MLJ CHIROPRACTIC P.C. and ROBERT MALAKOV, PHYSICIAN, P.C, by and through their attorneys, Gitells Law Firm, P.C., as and for their answers to plaintiff's complaint assert the following: 1. Denies knowledge or information sufficient to form a belief as to the truth of the statements/allegations contained in paragraphs 1,4,5, 6, 9, 10, 11, 13, 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 30, 31, 32, 33, 34, 3536, 37, 38, 38, 40, 41 and 42 of the complaint and directs allquestions of law to the Court and questions of fact to the triers of fact. 2. Upon information and belief, admits the statements/allegations contained in paragraphs 7, 8, 12, 18, 25, 26, 27, 28 and 29 and directs allquestions of law to the 1 of 5 FILED: NEW YORK COUNTY CLERK 08/06/2018 11/17/2020 03:11 07:49 PM AM INDEX NO. 652678/2018 NYSCEF DOC. NO. 6 51 RECEIVED NYSCEF: 08/06/2018 11/17/2020 Court and questions of fact to the triers of fact for the remaining statements/allegations in the paragraph. 3. Denies the allegations contained in paragraph 2 and 3 of the complaint and directs allquestions of law to the Court and questions of fact to the triers of fact. AS AND FOR AN ANSWER TO THE FIRST CAUSE OF ACTION 4. Defendant repeats his responses to paragraph 1 through 42 for his answer to paragraph 43 of the complaint, as iffully set forth. 5. Denies the allegations contained in paragraph 44, 45, 46 and 47 of the complaint and directs allquestions of law to the Court and questions of factto the triersof fact. AS AND FOR AN ANSWER TO THE SECOND CAUSE OF ACTION 6. Defendant repeats his responses to paragraph 1 through 47 for his answer to paragraph 48 of the complaint, as iffully set forth. 7. Denies the allegations contained in paragraph 49, 50 and 51 of the complaint and directs allquestions of law to the Court and questions of fact to the triers of fact. AS AND FOR AN ANSWER TO THE THIRD CAUSE OF ACTION 8. Defendant repeats his responses to paragraph 1 through 51 for his answer to paragraph 52 of the complaint, as iffullyset forth. 9. Denies the allegations contained in paragraph 53 and 54 of the complaint and directs allquestions of law to the Court and questions of fact to the triers of fact. AS AND FOR AN ANSWER TO THE FOURTH CAUSE OF ACTION 10. Defendant repeats his responses to paragraph 1 through 54 for his answer to paragraph 55 of the complaint, as iffully set forth. 2 of2 5 FILED: NEW YORK COUNTY CLERK 08/06/2018 11/17/2020 03:11 07:49 PM AM INDEX NO. 652678/2018 NYSCEF DOC. NO. 6 51 RECEIVED NYSCEF: 08/06/2018 11/17/2020 11. Denies the allegations contained in paragraph 56, 57 and 58 of the complaint and directs allquestions of law to the Court and questions of fact to the triers of fact. AS AND FOR AN ANSWER TO THE FIFTH CAUSE OF ACTION 12. Defendant repeats his responses to paragraph 1 through 58 for his answer to paragraph 59 of the complaint, as iffullyset forth. 13. Denies the allegations contained in paragraph 60, 61 and 62 of the complaint and directs allquestions of law to the Court and questions of fact to the triers of fact. AS AND FOR A FIRST, SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE 14. This Court lacks jurisdiction. AS AND FOR A SECOND, SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE 15. The complaint is barred in whole or in part by plaintiffs breach of N.Y. Comp. Codes Rules & Reg tit.11 65-3.5(e). AS AND FOR A THIRD, SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE 16. Plaintiff Complaint must be dismissed pursuant to CPLR 3211(a)(7) upon the ground that the pleading fails to state a cause of action upon which relief can be granted. AS AND FOR A FOURTH, SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE 17. Judgment in favor of Plaintiff would result in unjust enrichment. 3 3 of 5 FILED: NEW YORK COUNTY CLERK 08/06/2018 11/17/2020 03:11 07:49 PM AM INDEX NO. 652678/2018 NYSCEF DOC. NO. 6 51 RECEIVED NYSCEF: 08/06/2018 11/17/2020 AS AND FOR A FIFTH, SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE 18. The complaint is barred in whole or in part by laches. AS AND FOR A SIXTH, SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE 19. The action is barred by the doctrines of waiver, estoppel and res judicata. AS AND FOR A SEVENTH, SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE 20. Plaintifffailed to issue timely and/or proper delay letters. AS AND FOR A EIGHTH, SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE 21. Plaintifffailed to issue timely and/or proper denials. AS AND FOR A NINTH, SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE 22. Plaintiff'sdelay letters, denials and EUO scheduling letters are improper and defective. AS AND FOR A TENTH, SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE 23. Defendant's alleged non-compliance to EUOs demanded by Plaintiff was not established by admissible evidence. AS AND FOR AELEVETH,SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE 4 4 of 5 FILED: NEW YORK COUNTY CLERK 08/06/2018 11/17/2020 03:11 07:49 PM AM INDEX NO. 652678/2018 NYSCEF DOC. NO. 6 51 RECEIVED NYSCEF: 08/06/2018 11/17/2020 24. Defendant hereby gives notice that Defendant intends to rely upon other affirmative defenses that may become available or appear during discovery proceedings in this case and hereby reserve their rights to amend this Answer to assert such defenses. WHEREFORE, the answering defendants demand judgment dismissing the Complaint on the plaintiff in itsentirety, together with costs and disbursements of this action and for such other and further reliefas to this court seems just and proper. Dated: Queens, New York August 6, 2018 Yours, etc. GITELIS LAW FIRM, P.C. By: Steve Gitelis, Esq. Attorneys for Defendants MLJ CHIROPRACTIC P.C. and ROBERT MALAKOV PHYSICIAN, P.C. 2nd 2004 Coney Island Avenue FlOOr Brooklyn NY 11223 (718) 871-5070 TO: Robert J. Spence Ill,Esq. BURKE, CONWAY & DILLON Attorneys for Plaintiffs LIBERTY MUTUAL INSURANCE COMPANYand LM GENERAL INSURANCE COMPANY 10 Bank Street, Suite 1200 White Plains, NY 10606 914-997-8100 5 5 of 5