On June 19, 2020 a
Party Statement
was filed
involving a dispute between
Geico Indemnity Company
A S O Jahdiah Shields,
Geico Indemnity Company
A S O Nathan Perry,
and
Interinsurance Exchange Of The Automobile Club,
for Special Proceedings - CPLR Article 75
in the District Court of Nassau County.
Preview
FILED: NASSAU COUNTY CLERK 06/19/2020 11:05 AM INDEX NO. 606120/2020
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/19/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
-----------------------------------------X
IN THE MATTER OF THE APPLICATION OF
GEICO INDEMNITY COMPANY a/s/o
NATHAN PERRY and JAHDIAH SHIELDS
Petitioner(s), AFFIRMATION
-against- Index No.
INTERINSURANCE EXCHANGE OF THE AUTOMOBILE
CLUB
Respondent (s) .
-----------------------------------------X
STATE OF NEW YORK)
) ss.:
COUNTY OF NASSAU )
HARRIETTE G. ZELMAN, an attorney duly admitted to practice
law in the State of New York, affirms as follows under the
penalties of perjury:
1. That affirmant is an attorney retained by Petitioner to
recover the attached arbitration awards entered in favor of the
Petitioner.
2. That Petitioner and the Respondent are statutorily
required to submit all claims regarding personal injury protection
benefits to Arbitration Forums, Inc.
3. That on April 9, 2020, two awards were entered in favor
I068-
of Petitioner against Respondent. The first under docket #
13410-19-00 in the amount of $49,800.00 and the second under docket
#I068-13411-19-00 in the amount of $1,015.00. Both arise out of
1 of 4
FILED: NASSAU COUNTY CLERK 06/19/2020 11:05 AM INDEX NO. 606120/2020
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/19/2020
the same occurrence and both injured parties were occupants of
Petitioner's insured's vehicle.
4. Since Respondent carrier has failed to the inter-
pay
company arbitration awards Court intervention is necessary,
consequently this application has been made.
5. Respondent has offered no reason for its failure to pay
said awards.
6. As such, affirmant respectfully requests that this Court
award to Petitioner the sum of $49,800.00 and $1015.00 with
interest from the date of the awards, April 9, 2020, costs and
disbursements.
7. No prior application has been made for the relief sought
herein.
8. This Petition is made timely within one year of the date
of publication of these awards.
WHEREFORE, Petitioner respectfully prays that an Order
be made herein confirming said awards pursuant to CPLR §7510 and
Insurance Department Regulation Number 68, Section 65-10 and
directing that judgment be entered thereon in this Court awarding
to the Petitioner the sum of $49,800.00 and $1015.00 as noted in
said awards, plus interest on each award from the date of the
awards and the costs and disbursements of this action, and that
Petitioner have such other and further relief as to the Court may
2 of 4
FILED: NASSAU COUNTY CLERK 06/19/2020 11:05 AM INDEX NO. 606120/2020
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/19/2020
seem just and proper.
Dated: Roslyn Heights, New York
June 19, 2020
HARRIETTE G. Z LMAN
3 of 4
FILED: NASSAU COUNTY CLERK 06/19/2020 11:05 AM INDEX NO. 606120/2020
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/19/2020
Index No.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
_______________________________________ -----------X
IN THE MATTER OF THE APPLICATION OF
GEICO INDEMNITY COMPANY a/s/o
NATHAN PERRY and JAHDIAH SHIELDS
Petitioner(s),
-against-
INTERINSURANCE EXCHANGE OF THE AUTOMOBILE
CLUB
Respondent(s).
-------------------------------------------------X
NOTICE OF PETITION
------ ----X
HARRIETTE G. ZELMAN
Attorney for Respondent
225 Roslyn Road
Roslyn Heights, New York 11577
(516) 433-0733
Our File No.: GNO39416747 0101 040
4 of 4
Document Filed Date
June 19, 2020
Case Filing Date
June 19, 2020
Category
Special Proceedings - CPLR Article 75
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: NASSAU COUNTY CLERK 06/19/2020 11:05 AM INDEX NO. 606120/2020 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/19/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU -----------------------------------------X IN THE MATTER OF THE APPLICATION OF GEICO INDEMNITY COMPANY a/s/o NATHAN PERRY and JAHDIAH SHIELDS Petitioner(s), AFFIRMATION -against- Index No. INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB Respondent (s) . -----------------------------------------X STATE OF NEW YORK) ) ss.: COUNTY OF NASSAU ) HARRIETTE G. ZELMAN, an attorney duly admitted to practice law in the State of New York, affirms as follows under the penalties of perjury: 1. That affirmant is an attorney retained by Petitioner to recover the attached arbitration awards entered in favor of the Petitioner. 2. That Petitioner and the Respondent are statutorily required to submit all claims regarding personal injury protection benefits to Arbitration Forums, Inc. 3. That on April 9, 2020, two awards were entered in favor I068- of Petitioner against Respondent. The first under docket # 13410-19-00 in the amount of $49,800.00 and the second under docket #I068-13411-19-00 in the amount of $1,015.00. Both arise out of 1 of 4 FILED: NASSAU COUNTY CLERK 06/19/2020 11:05 AM INDEX NO. 606120/2020 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/19/2020 the same occurrence and both injured parties were occupants of Petitioner's insured's vehicle. 4. Since Respondent carrier has failed to the inter- pay company arbitration awards Court intervention is necessary, consequently this application has been made. 5. Respondent has offered no reason for its failure to pay said awards. 6. As such, affirmant respectfully requests that this Court award to Petitioner the sum of $49,800.00 and $1015.00 with interest from the date of the awards, April 9, 2020, costs and disbursements. 7. No prior application has been made for the relief sought herein. 8. This Petition is made timely within one year of the date of publication of these awards. WHEREFORE, Petitioner respectfully prays that an Order be made herein confirming said awards pursuant to CPLR §7510 and Insurance Department Regulation Number 68, Section 65-10 and directing that judgment be entered thereon in this Court awarding to the Petitioner the sum of $49,800.00 and $1015.00 as noted in said awards, plus interest on each award from the date of the awards and the costs and disbursements of this action, and that Petitioner have such other and further relief as to the Court may 2 of 4 FILED: NASSAU COUNTY CLERK 06/19/2020 11:05 AM INDEX NO. 606120/2020 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/19/2020 seem just and proper. Dated: Roslyn Heights, New York June 19, 2020 HARRIETTE G. Z LMAN 3 of 4 FILED: NASSAU COUNTY CLERK 06/19/2020 11:05 AM INDEX NO. 606120/2020 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/19/2020 Index No. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU _______________________________________ -----------X IN THE MATTER OF THE APPLICATION OF GEICO INDEMNITY COMPANY a/s/o NATHAN PERRY and JAHDIAH SHIELDS Petitioner(s), -against- INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB Respondent(s). -------------------------------------------------X NOTICE OF PETITION ------ ----X HARRIETTE G. ZELMAN Attorney for Respondent 225 Roslyn Road Roslyn Heights, New York 11577 (516) 433-0733 Our File No.: GNO39416747 0101 040 4 of 4