Complaint,Petition: American Medical Initiatives Pc AAO SHAKERA WRIGHT v. Geico

On December 21, 2022 a Complaint,Petition was filed involving a dispute between American Medical Initiatives Pc Aao Shakera Wright, and Geico, for No Fault in the District Court of New York County.

Preview
FILED: NEW YORK CIVIL COURT - CIVIL 12/21/2022 06:09 INDEX AM NO. CV-707948-22/NY
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/21/2022

CIVIL COURT OF THE CITY OF NEW YORK
COUNTY OF NEW YORK
------------------------------------------------------------------------X
AMERICAN MEDICAL INITIATIVES PC Index No.:
As Assignee of SHAKERA WRIGHT
SUMMONS
Plaintiff(s),
Plaintiff's Address
-against- 858 BLENDWOOD DR
EAST MEADOW, NY 11554
GEICO
BASIS OF VENUE:
Defendant(s), NYCCCA § 305(b)
-------------------------------------------------------------------------X
TO THE ABOVE-NAMED DEFENDANT(S):
You are hereby summoned to appear in the CIVIL COURT OF THE CITY OF NEW YORK, COUNTY OF
NEW YORK, at the office of the Clerk of said Court at 111 CENTRE STREET, NEW YORK, NEW YORK,
10013, within the time provided by law as noted below and to file your answer to the annexed complaint with the
clerk; upon your failure to answer, judgment will be taken against you for the sum of $1,209.63, plus statutory
interest pursuant to the No-Fault Regulations, together with statutory attorney's fees of twenty percent (20%) per
claim and the costs associated with prosecution of this action.
Dated: December 13, 2022
Rockville Centre, NY
Defendant's Address:
GEICO
CT CORP 28 LIBERTY STREET, 42ND FLOOR
NEW YORK, NY 10005

_____________________________________________
[ ] Arthur Gabriel, Esq. [ ] Jason Moroff, Esq.
[ ] John Fagan, Esq. [ ] Joseph Padrucco, Esq.
[X] Koenig Pierre, Esq. [ ] Matthew Sledzinski, Esq.
[ ] Michael Poropat, Esq.
Law Offices of Gabriel & Moroff, P.C.
Attorney(s) for Plaintiff(s)
2 Lincoln Avenue, Suite 302
Rockville Centre, NY 11570
Phone: (516) 388-7040
Fax: (516) 744-5750
File No: GM22-541346, GM22-541347, GM22-544886, GM22-
544887

NOTE: THE LAW PROVIDES THAT:
(a) If this summons is served by its delivery to you, or (for a corporation) an agent authorized to receive service,
personally within the city of New York, you must appear and answer within 20 days after such service; or

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(b) If this summons is served by delivery to any person other than you personally, or is served outside the City
of New York, or by publication, or by means other than personal delivery to you within the City of New York,
you are allowed THIRTY days after the proof of service thereof is filed with the Clerk of this Court within which
to appear and answer.

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CIVIL COURT OF THE CITY OF NEW YORK
COUNTY OF NEW YORK
------------------------------------------------------------------------X
AMERICAN MEDICAL INITIATIVES PC COMPLAINT
As Assignee of SHAKERA WRIGHT

Plaintiff(s),
-against- Index No.:

GEICO

Defendant(s).
-------------------------------------------------------------------------X

Plaintiff(s), by its attorney Law Offices of Gabriel & Moroff, P.C., complaining of the Defendant(s), shows to the
Court and alleges:

AS AND FOR THE FIRST CAUSE OF ACTION

1. Defendant is an insurance company/self-insured licensed to do business in the State of New York.

2. That at the time of the accident there was an existing insurance policy containing benefits under the New York
State No-Fault Law issued by the defendant.

3. That one of the No-Fault Benefits was payment of health service expenses.

4. That AMERICAN MEDICAL INITIATIVES PC## is a health service provider authorized to practice in the
State of NEW YORK.

5. That AMERICAN MEDICAL INITIATIVES PC## is a duly authorized assignee of SHAKERA WRIGHT.

6. That the Plaintiff assignor was injured in an automobile accident on 09/03/2022.

7. That as the result of the said accident, the assignor was entitled to receive No-Fault benefits.

8. The Plaintiff-Assignee rendered health services to the Plaintiff's assignor in connection with personal injuries
sustained in said accident.

9. That the Defendant transacts business in the State of New York.

10. That the Plaintiff assignee submitted a bill and claim for payment in the amount of $640.09 as annexed hereto
for dates of service 10/10/2022 to 10/10/2022.

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11. That the said bill was submitted with the proper No-Fault verification forms in accordance with applicable
statues, rules and/or regulations.

12. That there has been $480.07 payment of said bill(s).

13. That a balance of $160.02 remains unpaid and overdue.

14. That the Plaintiff-Assignee is entitled to payment of the bill, interest at the rate of 2% per month, pursuant to
11 NYCRR § 65.15(g), until the amount due is paid in full, computed from thirty days after the date the claim was
submitted to the Defendant.

15. That the same was submitted to Defendant more than 30 days ago.

AS AND FOR THE SECOND CAUSE OF ACTION

16. That Plaintiff repeats and re-alleges each and every allegation set forth above as if it were fully set forth herein.

17. That Plaintiff Assignee hired attorneysLaw Offices of Gabriel & Moroff, P.C. to collect the above overdue
No-Fault benefits and is entitled to recover attorney's fees pursuant to NYCRR §65-4.6.

AS AND FOR THE THIRD CAUSE OF ACTION

18. Defendant is an insurance company/self-insured licensed to do business in the State of New York.

19. That at the time of the accident there was an existing insurance policy containing benefits under the New York
State No-Fault Law issued by the defendant.

20. That one of the No-Fault Benefits was payment of health service expenses.

21. That AMERICAN MEDICAL INITIATIVES PC## is a health service provider authorized to practice in the
State of NEW YORK.

22. That AMERICAN MEDICAL INITIATIVES PC## is a duly authorized assignee of SHAKERA WRIGHT.

23. That the Plaintiff assignor was injured in an automobile accident on 09/03/2022.

24. That as the result of the said accident, the assignor was entitled to receive No-Fault benefits.

25. The Plaintiff-Assignee rendered health services to the Plaintiff's assignor in connection with personal injuries
sustained in said accident.

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26. That the Defendant transacts business in the State of New York.

27. That the Plaintiff assignee submitted a bill and claim for payment in the amount of $640.09 as annexed hereto
for dates of service 10/10/2022 to 10/10/2022.

28. That the said bill was submitted with the proper No-Fault verification forms in accordance with applicable
statues, rules and/or regulations.

29. That there has been $360.05 payment of said bill(s).

30. That a balance of $280.04 remains unpaid and overdue.

31. That the Plaintiff-Assignee is entitled to payment of the bill, interest at the rate of 2% per month, pursuant to
11 NYCRR § 65.15(g), until the amount due is paid in full, computed from thirty days after the date the claim was
submitted to the Defendant.

32. That the same was submitted to Defendant more than 30 days ago.

AS AND FOR THE FOURTH CAUSE OF ACTION

33. That Plaintiff repeats and re-alleges each and every allegation set forth above as if it were fully set forth herein.

34. That Plaintiff Assignee hired attorneysLaw Offices of Gabriel & Moroff, P.C. to collect the above overdue
No-Fault benefits and is entitled to recover attorney's fees pursuant to NYCRR §65-4.6.

AS AND FOR THE FIFTH CAUSE OF ACTION

35. Defendant is an insurance company/self-insured licensed to do business in the State of New York.

36. That at the time of the accident there was an existing insurance policy containing benefits under the New York
State No-Fault Law issued by the defendant.

37. That one of the No-Fault Benefits was payment of health service expenses.

38. That AMERICAN MEDICAL INITIATIVES PC## is a health service provider authorized to practice in the
State of NEW YORK.

39. That AMERICAN MEDICAL INITIATIVES PC## is a duly authorized assignee of SHAKERA WRIGHT.

40. That the Plaintiff assignor was injured in an automobile accident on 09/03/2022.

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41. That as the result of the said accident, the assignor was entitled to receive No-Fault benefits.

42. The Plaintiff-Assignee rendered health services to the Plaintiff's assignor in connection with personal injuries
sustained in said accident.

43. That the Defendant transacts business in the State of New York.

44. That the Plaintiff assignee submitted a bill and claim for payment in the amount of $535.35 as annexed hereto
for dates of service 10/17/2022 to 10/17/2022.

45. That the said bill was submitted with the proper No-Fault verification forms in accordance with applicable
statues, rules and/or regulations.

46. That there has been $301.13 payment of said bill(s).

47. That a balance of $234.22 remains unpaid and overdue.

48. That the Plaintiff-Assignee is entitled to payment of the bill, interest at the rate of 2% per month, pursuant to
11 NYCRR § 65.15(g), until the amount due is paid in full, computed from thirty days after the date the claim was
submitted to the Defendant.

49. That the same was submitted to Defendant more than 30 days ago.

AS AND FOR THE SIXTH CAUSE OF ACTION

50. That Plaintiff repeats and re-alleges each and every allegation set forth above as if it were fully set forth herein.

51. That Plaintiff Assignee hired attorneysLaw Offices of Gabriel & Moroff, P.C. to collect the above overdue
No-Fault benefits and is entitled to recover attorney's fees pursuant to NYCRR §65-4.6.

AS AND FOR THE SEVENTH CAUSE OF ACTION

52. Defendant is an insurance company/self-insured licensed to do business in the State of New York.

53. That at the time of the accident there was an existing insurance policy containing benefits under the New York
State No-Fault Law issued by the defendant.

54. That one of the No-Fault Benefits was payment of health service expenses.

55. That AMERICAN MEDICAL INITIATIVES PC## is a health service provider authorized to practice in the
State of NEW YORK.

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56. That AMERICAN MEDICAL INITIATIVES PC## is a duly authorized assignee of SHAKERA WRIGHT.

57. That the Plaintiff assignor was injured in an automobile accident on 09/03/2022.

58. That as the result of the said accident, the assignor was entitled to receive No-Fault benefits.

59. The Plaintiff-Assignee rendered health services to the Plaintiff's assignor in connection with personal injuries
sustained in said accident.

60. That the Defendant transacts business in the State of New York.

61. That the Plaintiff assignee submitted a bill and claim for payment in the amount of $535.35 as annexed hereto
for dates of service 10/17/2022 to 10/17/2022.

62. That the said bill was submitted with the proper No-Fault verification forms in accordance with applicable
statues, rules and/or regulations.

63. That there has been $0.00 payment of said bill(s).

64. That a balance of $535.35 remains unpaid and overdue.

65. That the Plaintiff-Assignee is entitled to payment of the bill, interest at the rate of 2% per month, pursuant to
11 NYCRR § 65.15(g), until the amount due is paid in full, computed from thirty days after the date the claim was
submitted to the Defendant.

66. That the same was submitted to Defendant more than 30 days ago.

AS AND FOR THE EIGHTH CAUSE OF ACTION

67. That Plaintiff repeats and re-alleges each and every allegation set forth above as if it were fully set forth herein.

68. That Plaintiff Assignee hired attorneysLaw Offices of Gabriel & Moroff, P.C. to collect the above overdue
No-Fault benefits and is entitled to recover attorney's fees pursuant to NYCRR §65-4.6.

WHEREFORE, Plaintiff demands judgment against the Defendant for payment of the amount of
$1,209.63 of the outstanding amount in dispute, together with statutory interest, statutory attorney's fees, cost
and disbursements of this action.

Dated: December 13, 2022
Rockville Centre, NY

Yours, etc.,

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Index No.:

CIVIL COURT OF THE CITY OF NEW YORK
COUNTY OF NEW YORK

AMERICAN MEDICAL INITIATIVES PC
As Assignee of SHAKERA WRIGHT

Plaintiff(s),

-against-

GEICO

Defendant(s).

SUMMONS AND COMPLAINT

Law Offices of Gabriel & Moroff, P.C.
Attorney(s) for Plaintiff(s)
AMERICAN MEDICAL INITIATIVES PC##
2 Lincoln Avenue, Suite 302
Rockville Centre, NY 11570
Phone: (516) 388-7040
Fax: (516) 744-5750
File No.: GM22-541346, GM22-541347, GM22-544886, GM22-544887

Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney duly admitted to the practice in the courts of New
York State, certifies that upon information and belief and reasonable inquiry, the contentions contained in the
annexed documents are not frivolous.

Signature: ____________________________

To:

Attorney(s) for Defendant:

Service of a copy of the within Summons and Complaint is hereby admitted.
Dated: December 13, 2022
Rockville Centre, NY

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ID D.O.S-Start D.O.S.-End Initial Amt. Paid Amt. Balance
541346 10/10/2022 10/10/2022 $640.09 $480.07 $160.02
541347 10/10/2022 10/10/2022 $640.09 $360.05 $280.04
544886 10/17/2022 10/17/2022 $535.35 $301.13 $234.22
544887 10/17/2022 10/17/2022 $535.35 $0.00 $535.35
$ 2,350.88 $ 1,141.25 $ 1,209.63

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Case Info

Case No.

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Document Filed Date

December 21, 2022

Case Filing Date

December 21, 2022

County

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