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FILED: NEW YORK COUNTY CLERK 06/03/2019 02:35 PM INDEX NO. 154804/2017
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FILED: NEW YORK COUNTY CLERK 06/03/2019 02:35 PM INDEX NO. 154804/2017
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--------------------------------------------------------x
UNITRIN ADVANTAGE INSURANCE COMPANY, Index No.: 154804/17
Plaintiff, VERIFIED ANSWER
-against-
ABA CHIROPRACTIC, P.C., APPLE ACUPUNCTURE,
P.C., AUTO RX, L.C., CITIMEDICAL I, PLLC, CORONA
MEDICAL PLAZA, P.C., ELMONT REHAB PT, P.C.,
EMA MEDICAL EQUIPMENT CORP., FAST CARE
MEDICAL DIAGNOSTICS, PLLC, FRANK S. SEGRETO,
M.D., HEALTH BALANCE MEDICAL, P.C., SATYA
DRUG CORP. d/b/a FARMACIA CENTRAL, UGP
ACUPUNCTURE, P.C. DWAYNE CORWISE and
ANGELA SALGUEDO,
Defendants.
_______________________________________--__----..-----X
Defendants ABA CHIROPRACTIC, P.C., APPLE ACUPUNCTURE, P.C., CORONA
MEDICAL PLAZA, P.C., and ELMONT REHAB PT, P.C., by their attorneys Fuld and Karp,
P.C., answering the Verified Complaint herein, upon information and belief, alleges:
FIRST: Defendant denies having knowledge and information sufficient to form a belief as
to the truth of the allegations set forth in paragraphs "1", "4", "5", "8", "9", "10", "11", "12",
"13", "14", "15", "17", "36", and "57".
SECOND: Defendant denies the allegations set forth in paragraph "2", except to admit that
defendant, ABA CHIROPRACTIC, P.C. is a New York State professional corporation.
THIRD: Defendant denies the allegations set forth in paragraph "3", except to admit that
defendant, APPLE ACUPUNCTURE, P.C. is a New York State professional corporation.
FOURTH: Defendant denies the allegations set forth in paragraph "7", except to admit that
defendant, ELMONT REHAB PT, P.C. is a New York State professional corporation.
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FIFTH: Defendant denies the allegations set forth in paragraph "16", except to admit that
defendants DWAYNE CORWISE and ANNGELA SALGUEDO were, upon information and
believe, involved in a motor vehicle collision while occupants of a vehicle insured by Unitrin on
May 9, 2016.
SIXTH: Defendant denies the @legations set forth in paragraphs "18", "19", "23", "25",
cc27» c<28» cc29» 1» <<33» cc34» c<38» c<39» c<40» c<42» cc43» c<46» cc47» cc48» » cc52»
cc3 c<5I
"65»
"55", and and each every part thereof, except to refer all questions of law to the Court.
SEVENTH: Defendant denies having knowledge and information sufficient to form a
belief as to the truth of the allegations set forth in paragraphs "30", "58", "59", except to refer all
questions of law to the Court.
"20»
EIGHTH: Defendant denies the allegations set forth in paragraph except to admit that
the answering defendants provided medical treatment to the claimants.
NINTH: Defendant denies the allegations set forth in paragraphs "21", "22", "24", "32",
"64"
"35", "38"> "44", "50", "54", "62"> and and each and e ery part thereof.
TENTH: Defendant denies the allegations set forth in paragraph "26"> except to admit that
both claimants, upon inforination and belief, appeared for EUOs.
ELEVENTH: Defendant denies the allegations set forth in paragraph "37", "41", "45",
"63"
"49", "53",'56", "60", and except to admit only those allegations admitted previously.
TWELFTH: Defendant denies the allegations set forth in paragraph "61", as for
answering defendants, ABA CHIROPRACTIC, P.C., APPLE ACUPUNCTURE> P C.,
CORONA MEDICAL PLAZA, P.C. and ELMONT REHAB PT, PC.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
THIRTEENTH This action is barred by the statute of limitations.
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AS AND FOR A SECOND AFFIRMATIVE DEFENSE
FOURTEENTH: This Court lacks personal jurisdiction over the defendants, due to a failure
by the plaintiffs to properly serve the defendants.
AS__AND FOR A THIRD AFFIRMATIVE DEFENSE
FIFTEENTH: There are prior actions pending in other venues.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
SIXTEENTH: The plaintiff failed to sufficiently notify ANGELA SALGUEDO of the
scheduled Insurance Medical Examination ("IME").
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
SEVENTEENTH: The plaintiff's requests for IMEs were unreasonable.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
EIGHTEENTH: Upon infonnation and belief, defendant ANGELA SALGUEDO appeared
for the scheduled IMEs.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
NINETEENTH: Upon information and belief, defendant ANGELA SALGUEDO had a
reasonable excuse for the alleged failure to appear at an IME.
AS AND FOR A EIGHTH AFFIRMATIVE DEFENSE
TWENTIETH: Upon information and belief, defendant ANGELA SALGUEDO was not
available to appear on the scheduled date of the allegedly missed IME.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE
TWENTY-FIRST: Upon information and belief, defendant ANGELA SALGUEDO
contacted the plaintiff to reschedule the IME.
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AS AND FOR A TENTH AFFIRMATIVE DEFENSE
TWENTY-SECOND: Upon information and belief, counsel for defendant ANGELA
SALGUEDO contacted the plaintiff and attempted to reschedule the IME.
AS AND FOR An ELE_VENTH AFFIRMATIVE DEFENSE
TWENTY-THIRD: The plaintiff failed to state a cause of action upon which relief can
be granted.
AS AND FOR A TWELTH AFFIRMATIVE DEFENSE
TWENTY-FOURTH: The plaintiff failed to send a copy of the EUO transcript to
defendant DWAYNE CORWISE.
AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE
TWENTY-FIFTH: The plaintiff did not properly notify DWAYNE CORWISE that he
was required to return the signed EUO transcript to the defendant or defendant's counsel.
AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE
TWENTY-SIXTH: Defendant DWAYNE CORWISE did not breach the insurance
contract.
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WHEREFORE, the responding defendants, ABA CHIROPRACTIC, P.C., APPLE
ACUPUNCTURE, P.C., CORONA MEDICAL PLAZA, P.C., and ELMONT REHAB PT,
P.C. requests a judgment dismissing the complaint herein, and for such other and further
relief as this Court may deem just and proper.
Dated: Brooklyn, New York
July 30, 2018
Fuld and Karp, P.C.
Attorney for Defendants
ABA CHIROPRACTIC, P.C.,
APPLE ACUPUNCTURE, P.C.,
CORONA MEDICAL PLAZA, P.C.,
and ELMONT REHAB PT, P.C.
1963 Coney Island Avenue
Brooklyn, New York 11223
212-714-0421
B
id Karp
To: Rubin, Fiorella & Friedman LLP
630 Third Avenue, 3rdFlOOr
New York, New York 10017
212-953-2381
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
X
UNITRIN ADVANTAGE INSURANCE COMPANY, Index No.. 154804/17
Plaintiff, NOTICE FOR DISCOVERY AND
INSPECTION
-against-
ABA CHIROPRACTIC, P.C., APPLE ACUPUNCTURE,
P.C., AUTO RX, L.C., CITIMEDICAL I, PLLC, CORONA
MEDICAL PLAZA, P.C., ELMONT REHAB PT, P.C.,
EMA MEDICAL EQUIPMENT CORP., FAST CARE
MEDICAL DIAGNOSTICS, PLLC, FRANK S. SEGRETO,
M.D., HEALTH BALANCE MEDICAL, P.C., SATYA
DRUG CORP. d/b/a FARMACIA CENTRAI., UGP
ACUPUNCTURE, P.C. DWAYNE CORWISE and
ANGELA SALGUEDO,
Defendants.
-X
PLEASE TAKE NOTICE, that the undersigned hereby serves the following demands
upon you pursuant to CPLR 3210 and 3101, et seq., to produce at the office of Fuld and Karp,
P.C. 1963 Coney Island Avenue, Brooklyn, New York 11223, within thirty (30) days of the date
hereof the following items for inspection by the defendants ABA CHIROPRACTIC, P.C.,
APPLE ACUPUNCTURE, P.C., CORONA MEDICAL PLAZA P.C., and ELMONT REHAB
PT, P.C. and/or their attorneys:
1. Copies of all Verifications of Treatment (no-fault bills) received by the plaintiff,
together with copies of the envelopes in which the said bills were received by the plaintiff,
relating to all the claims that are the subject of this action.
2. Copies of all written communications generated and/or prepared by the plaintiff in
response to receipt by the plaintiff of all the claims that are the subject of this action.
3. Copies of all written communications received by the plaintiff, its agents,
employees or attorneys in response to all written demands for the defendants to appear for an
Insurance Medical Examination ("IME ').
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4. Copies of all written communications received by the plaintiff, its agents,
employees or attorneys in response to all written demands for any of the defendants to appear for
an Examination Under Oath ("EUO").
5.
a. The dates that the EUO notices were mailed;
b. Who mailed the EUO notices;
c. What address(es) where were the EUO notices mailed to;
d. Where was the EUO scheduled to be held;
held;'
e. When was the EUO scheduled to be
f. Provide a copy of the EUO Notices;
g. Provide proof that the person whose EUO was sought failed to appear for the
EUOs
h. Provide the good faith basis for requesting the EUO.
6. Copies of all transcripts of Examinations Under Oath conducted in connection
with the accident that are the subject of this action.
7. Copies of all checks or drafts issued by the plaintiff in connection with
payment(s) for claims that are the subject of this action.
8. Copies of all insurance applications for all the policies of insurance that are
related to this action.
9. Copies of all checks or drafts issued by the plaintiff for claims submitted by or on
behalf of ABA CHIROPRACTIC, P.C., APPLE ACUPUNCTURE, P.C., CORONA MEDICAL
PLAZA. P.C., and ELMONT REHAB PT, P.C. for medical services rendered to individual
patients referenced in the complaint.
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10. Copies of all investigation reports relating to the alleged motor vehicle accident
giving rise to the services in issue.
11. The complete investigation file for all the claims that are subject of this action.
12. Copies of all writings which indicate the identity of the individual(s) assigned by
the plaintiff to be responsible for the processing of the claims that are the subject of the action.
13. Copies of all writings which indicate the identity of the individual(s) assigned by
the plaintiff to be responsible for the investigation of the claims that are the subject of this action.
14. Copies of all documents relied on by all individuals who conducted
investigation(s) on behalf of the plaintiff into the claims that are the subject of this action.
15. A copy of all written communications from the plaintiff, its employees, agents or
attorneys to the defendants and/or their employees, agent or counsel relating to the underlying
motor vehicle accidents and/or policies of insurance.
16. All documents generated by the plaintiffs in connection with the no fault claims
of the responding defendants that arose from the underlying motor vehicle accidents that are the
subject of this action.
17. If the claims in issue were denied based upon a failure to appear at a IME set forth
the following facts:
a. The dates that the IME notices were mailed;
b. Who mailed the IME notices;
c. What address(es) the IME notices mailed to;
d. Where was the IME scheduled to be held;
e. When was the IME scheduled to be held;
f. Provide a copy of the IME Notices;
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g. Provide proof that the person whose examination was sought failed to appear for the
IMEs.
18. If any other IMEs were scheduled as a result of the claims arising out of the
subject accident, set forth the following facts:
a. The dates that the IME notices were mailed;
b. Who mailed the IME notices;
c. What address(es) the IME notices mailed to;
d. Where were the IMEs scheduled to be held;
e. When were the IMEs scheduled to be held;
f. Provide a copy of the IME Notices;
g. Set forth whether the person whose examination was sought appeared for the
scheduled IME.
h. If the person(s) whose examination was sought failed to appear for the IMEs provide
proof of the same.
i. If the person(s) whose examination was sought appeared for the IME(s), provide a
copy of the IME report(s).
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j. If the person(s) whose examination was sought appeared for any IMEs relating to the
subject motor vehicle accident, provide a copy of the said IME report(s).
Dated: Brooklyn, New York
July 30, 2018
Fuld and Katy, P.C.
Attorney for Defendants
ABA CHIROPRACTIC, P.C.,
APPLE ACUPUNCTURE, P.C.,
CORONA MEDICAL PLAZA, P.C.,
and ELMONT REHAB PT, P.C.
1963 Coney Island Avenue
Brooklyn, New York 11223
212-714-0421
By:
a d Karp
To: Rubin, Fiorella & Friedman LLP
3rd
630 Third Avenue, FlOOr
New York, New York 10017
212-953-2381
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--------------------------------------------------------x
UNITRIN ADVANTAGE INSURANCE COMPANY, Index No.: 154804/17
Plaintiff, NOTICE TO TAKE DEPOSITION
UPON ORAL EXAMINATION
-against-
ABA CHIROPRACTIC, P.C., APPLE ACUPUNCTURE,
P.C., AUTO RX, L.C., CITIMEDICAL I, PLLC, CORONA
MEDICAL PLAZA, P.C., ELMONT REHAB PT, P.C.,
EMA MEDICAL EQUIPMENT CORP.
Preview
FILED: NEW YORK COUNTY CLERK 06/03/2019 02:35 PM INDEX NO. 154804/2017 NYSCEF DOC. NO. 130 RECEIVED NYSCEF: 06/03/2019 EXHIBITE FILED: NEW YORK COUNTY CLERK 06/03/2019 02:35 PM INDEX NO. 154804/2017 NYSCEF DOC. NO. 130 RECEIVED NYSCEF: INDEX NO. 06/03/2019 154804/2017 FILED : NEW YORK COUNTY CLERK 07/31/2018 02 : 58 P NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 07/31/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------x UNITRIN ADVANTAGE INSURANCE COMPANY, Index No.: 154804/17 Plaintiff, VERIFIED ANSWER -against- ABA CHIROPRACTIC, P.C., APPLE ACUPUNCTURE, P.C., AUTO RX, L.C., CITIMEDICAL I, PLLC, CORONA MEDICAL PLAZA, P.C., ELMONT REHAB PT, P.C., EMA MEDICAL EQUIPMENT CORP., FAST CARE MEDICAL DIAGNOSTICS, PLLC, FRANK S. SEGRETO, M.D., HEALTH BALANCE MEDICAL, P.C., SATYA DRUG CORP. d/b/a FARMACIA CENTRAL, UGP ACUPUNCTURE, P.C. DWAYNE CORWISE and ANGELA SALGUEDO, Defendants. _______________________________________--__----..-----X Defendants ABA CHIROPRACTIC, P.C., APPLE ACUPUNCTURE, P.C., CORONA MEDICAL PLAZA, P.C., and ELMONT REHAB PT, P.C., by their attorneys Fuld and Karp, P.C., answering the Verified Complaint herein, upon information and belief, alleges: FIRST: Defendant denies having knowledge and information sufficient to form a belief as to the truth of the allegations set forth in paragraphs "1", "4", "5", "8", "9", "10", "11", "12", "13", "14", "15", "17", "36", and "57". SECOND: Defendant denies the allegations set forth in paragraph "2", except to admit that defendant, ABA CHIROPRACTIC, P.C. is a New York State professional corporation. THIRD: Defendant denies the allegations set forth in paragraph "3", except to admit that defendant, APPLE ACUPUNCTURE, P.C. is a New York State professional corporation. FOURTH: Defendant denies the allegations set forth in paragraph "7", except to admit that defendant, ELMONT REHAB PT, P.C. is a New York State professional corporation. 1 of 15 FILED: NEW YORK COUNTY CLERK 06/03/2019 02:35 PM INDEX NO. 154804/2017 NYSCEF DOC. NO. 130 07 31 2<18 02:5 ~ INDEX RECEIVED NO. NYSCEF:154804/2017 06/03/2019 <> NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 07/31/2018 FIFTH: Defendant denies the allegations set forth in paragraph "16", except to admit that defendants DWAYNE CORWISE and ANNGELA SALGUEDO were, upon information and believe, involved in a motor vehicle collision while occupants of a vehicle insured by Unitrin on May 9, 2016. SIXTH: Defendant denies the @legations set forth in paragraphs "18", "19", "23", "25", cc27» c<28» cc29» 1» <<33» cc34» c<38» c<39» c<40» c<42» cc43» c<46» cc47» cc48» » cc52» cc3 c<5I "65» "55", and and each every part thereof, except to refer all questions of law to the Court. SEVENTH: Defendant denies having knowledge and information sufficient to form a belief as to the truth of the allegations set forth in paragraphs "30", "58", "59", except to refer all questions of law to the Court. "20» EIGHTH: Defendant denies the allegations set forth in paragraph except to admit that the answering defendants provided medical treatment to the claimants. NINTH: Defendant denies the allegations set forth in paragraphs "21", "22", "24", "32", "64" "35", "38"> "44", "50", "54", "62"> and and each and e ery part thereof. TENTH: Defendant denies the allegations set forth in paragraph "26"> except to admit that both claimants, upon inforination and belief, appeared for EUOs. ELEVENTH: Defendant denies the allegations set forth in paragraph "37", "41", "45", "63" "49", "53",'56", "60", and except to admit only those allegations admitted previously. TWELFTH: Defendant denies the allegations set forth in paragraph "61", as for answering defendants, ABA CHIROPRACTIC, P.C., APPLE ACUPUNCTURE> P C., CORONA MEDICAL PLAZA, P.C. and ELMONT REHAB PT, PC. AS AND FOR A FIRST AFFIRMATIVE DEFENSE THIRTEENTH This action is barred by the statute of limitations. 2 of 15 FILED: NEW YORK COUNTY CLERK 06/03/2019 02:35 PM INDEX NO. 154804/2017 NYSCEF ED DOC. : NO. 130 NEW YORK COUNTY CLERK 07/31/2018 02: 58 RECEIVED NYSCEF: INDEX NO. 06/03/2019 154804/2017 PN| NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 07/31/2018 AS AND FOR A SECOND AFFIRMATIVE DEFENSE FOURTEENTH: This Court lacks personal jurisdiction over the defendants, due to a failure by the plaintiffs to properly serve the defendants. AS__AND FOR A THIRD AFFIRMATIVE DEFENSE FIFTEENTH: There are prior actions pending in other venues. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE SIXTEENTH: The plaintiff failed to sufficiently notify ANGELA SALGUEDO of the scheduled Insurance Medical Examination ("IME"). AS AND FOR A FIFTH AFFIRMATIVE DEFENSE SEVENTEENTH: The plaintiff's requests for IMEs were unreasonable. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE EIGHTEENTH: Upon infonnation and belief, defendant ANGELA SALGUEDO appeared for the scheduled IMEs. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE NINETEENTH: Upon information and belief, defendant ANGELA SALGUEDO had a reasonable excuse for the alleged failure to appear at an IME. AS AND FOR A EIGHTH AFFIRMATIVE DEFENSE TWENTIETH: Upon information and belief, defendant ANGELA SALGUEDO was not available to appear on the scheduled date of the allegedly missed IME. AS AND FOR A NINTH AFFIRMATIVE DEFENSE TWENTY-FIRST: Upon information and belief, defendant ANGELA SALGUEDO contacted the plaintiff to reschedule the IME. 3 of 15 FILED: NEW YORK COUNTY CLERK 06/03/2019 02:35 PM INDEX NO. 154804/2017 NYSCEF FILED DOC. NO. 130 NEW YORK COUNTY CLERK 07/31/2018 02 RECEIVED NYSCEF: INDEX NO. 06/03/2019 154804/2017 : : 58 PM| NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 07/31/2018 AS AND FOR A TENTH AFFIRMATIVE DEFENSE TWENTY-SECOND: Upon information and belief, counsel for defendant ANGELA SALGUEDO contacted the plaintiff and attempted to reschedule the IME. AS AND FOR An ELE_VENTH AFFIRMATIVE DEFENSE TWENTY-THIRD: The plaintiff failed to state a cause of action upon which relief can be granted. AS AND FOR A TWELTH AFFIRMATIVE DEFENSE TWENTY-FOURTH: The plaintiff failed to send a copy of the EUO transcript to defendant DWAYNE CORWISE. AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE TWENTY-FIFTH: The plaintiff did not properly notify DWAYNE CORWISE that he was required to return the signed EUO transcript to the defendant or defendant's counsel. AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE TWENTY-SIXTH: Defendant DWAYNE CORWISE did not breach the insurance contract. 4 of 15 FILED: NEW YORK COUNTY CLERK 06/03/2019 02:35 PM INDEX NO. 154804/2017 NYSCEF INDEX NO. 154804/2017 FILED DOC. : NO. NEW 130 TORK COUNTY CLERK 07/31/2018 02 : 58 PM) RECEIVED NYSCEF: 06/03/2019 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 07/31/2018 WHEREFORE, the responding defendants, ABA CHIROPRACTIC, P.C., APPLE ACUPUNCTURE, P.C., CORONA MEDICAL PLAZA, P.C., and ELMONT REHAB PT, P.C. requests a judgment dismissing the complaint herein, and for such other and further relief as this Court may deem just and proper. Dated: Brooklyn, New York July 30, 2018 Fuld and Karp, P.C. Attorney for Defendants ABA CHIROPRACTIC, P.C., APPLE ACUPUNCTURE, P.C., CORONA MEDICAL PLAZA, P.C., and ELMONT REHAB PT, P.C. 1963 Coney Island Avenue Brooklyn, New York 11223 212-714-0421 B id Karp To: Rubin, Fiorella & Friedman LLP 630 Third Avenue, 3rdFlOOr New York, New York 10017 212-953-2381 5 of 15 FILED: NEW YORK COUNTY CLERK 06/03/2019 02:35 PM INDEX NO. 154804/2017 NYSCEF FILED' DOC. NO. 130 RECEIVED NYSCEF: INDEX NO. 06/03/2019 15LJ804/2017 NEW YORK COUNTY CLERK 07 31 2018 02:58 PMl NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 07/31/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X UNITRIN ADVANTAGE INSURANCE COMPANY, Index No.. 154804/17 Plaintiff, NOTICE FOR DISCOVERY AND INSPECTION -against- ABA CHIROPRACTIC, P.C., APPLE ACUPUNCTURE, P.C., AUTO RX, L.C., CITIMEDICAL I, PLLC, CORONA MEDICAL PLAZA, P.C., ELMONT REHAB PT, P.C., EMA MEDICAL EQUIPMENT CORP., FAST CARE MEDICAL DIAGNOSTICS, PLLC, FRANK S. SEGRETO, M.D., HEALTH BALANCE MEDICAL, P.C., SATYA DRUG CORP. d/b/a FARMACIA CENTRAI., UGP ACUPUNCTURE, P.C. DWAYNE CORWISE and ANGELA SALGUEDO, Defendants. -X PLEASE TAKE NOTICE, that the undersigned hereby serves the following demands upon you pursuant to CPLR 3210 and 3101, et seq., to produce at the office of Fuld and Karp, P.C. 1963 Coney Island Avenue, Brooklyn, New York 11223, within thirty (30) days of the date hereof the following items for inspection by the defendants ABA CHIROPRACTIC, P.C., APPLE ACUPUNCTURE, P.C., CORONA MEDICAL PLAZA P.C., and ELMONT REHAB PT, P.C. and/or their attorneys: 1. Copies of all Verifications of Treatment (no-fault bills) received by the plaintiff, together with copies of the envelopes in which the said bills were received by the plaintiff, relating to all the claims that are the subject of this action. 2. Copies of all written communications generated and/or prepared by the plaintiff in response to receipt by the plaintiff of all the claims that are the subject of this action. 3. Copies of all written communications received by the plaintiff, its agents, employees or attorneys in response to all written demands for the defendants to appear for an Insurance Medical Examination ("IME '). of 15 FILED: NEW YORK COUNTY CLERK 06/03/2019 02:35 PM INDEX NO. 154804/2017 NYSCEF |FILED DOC. : NO. NEW 130 YORK COUNTY CLERK 07/31/2018 02 : 58 RECEIVED NYSCEF: INDEX NO. 06/03/2019 154804/2017 PM| NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 07/31/2018 4. Copies of all written communications received by the plaintiff, its agents, employees or attorneys in response to all written demands for any of the defendants to appear for an Examination Under Oath ("EUO"). 5. a. The dates that the EUO notices were mailed; b. Who mailed the EUO notices; c. What address(es) where were the EUO notices mailed to; d. Where was the EUO scheduled to be held; held;' e. When was the EUO scheduled to be f. Provide a copy of the EUO Notices; g. Provide proof that the person whose EUO was sought failed to appear for the EUOs h. Provide the good faith basis for requesting the EUO. 6. Copies of all transcripts of Examinations Under Oath conducted in connection with the accident that are the subject of this action. 7. Copies of all checks or drafts issued by the plaintiff in connection with payment(s) for claims that are the subject of this action. 8. Copies of all insurance applications for all the policies of insurance that are related to this action. 9. Copies of all checks or drafts issued by the plaintiff for claims submitted by or on behalf of ABA CHIROPRACTIC, P.C., APPLE ACUPUNCTURE, P.C., CORONA MEDICAL PLAZA. P.C., and ELMONT REHAB PT, P.C. for medical services rendered to individual patients referenced in the complaint. 7 of 15 FILED: NEW YORK COUNTY CLERK 06/03/2019 02:35 PM INDEX NO. 154804/2017 NYSCEF INDEX NO. 154804/2017 |FILED DOC. : NO. NEW 130 YORK COUNTY CLERK 07 /31/2018 02: 58 PM RECEIVED NYSCEF: 06/03/2019 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 07/31/2018 10. Copies of all investigation reports relating to the alleged motor vehicle accident giving rise to the services in issue. 11. The complete investigation file for all the claims that are subject of this action. 12. Copies of all writings which indicate the identity of the individual(s) assigned by the plaintiff to be responsible for the processing of the claims that are the subject of the action. 13. Copies of all writings which indicate the identity of the individual(s) assigned by the plaintiff to be responsible for the investigation of the claims that are the subject of this action. 14. Copies of all documents relied on by all individuals who conducted investigation(s) on behalf of the plaintiff into the claims that are the subject of this action. 15. A copy of all written communications from the plaintiff, its employees, agents or attorneys to the defendants and/or their employees, agent or counsel relating to the underlying motor vehicle accidents and/or policies of insurance. 16. All documents generated by the plaintiffs in connection with the no fault claims of the responding defendants that arose from the underlying motor vehicle accidents that are the subject of this action. 17. If the claims in issue were denied based upon a failure to appear at a IME set forth the following facts: a. The dates that the IME notices were mailed; b. Who mailed the IME notices; c. What address(es) the IME notices mailed to; d. Where was the IME scheduled to be held; e. When was the IME scheduled to be held; f. Provide a copy of the IME Notices; 8 of 15 FILED: NEW YORK COUNTY CLERK 06/03/2019 02:35 PM INDEX NO. 154804/2017 NYSCEF DOC. NO. 130 RECEIVED NYSCEF: INDEX NO. 06/03/2019 154804/2017 |FILED : NEW YORK COUNTY CLERK 07/31/2018 02:58 PM) NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 07/31/2018 g. Provide proof that the person whose examination was sought failed to appear for the IMEs. 18. If any other IMEs were scheduled as a result of the claims arising out of the subject accident, set forth the following facts: a. The dates that the IME notices were mailed; b. Who mailed the IME notices; c. What address(es) the IME notices mailed to; d. Where were the IMEs scheduled to be held; e. When were the IMEs scheduled to be held; f. Provide a copy of the IME Notices; g. Set forth whether the person whose examination was sought appeared for the scheduled IME. h. If the person(s) whose examination was sought failed to appear for the IMEs provide proof of the same. i. If the person(s) whose examination was sought appeared for the IME(s), provide a copy of the IME report(s). 9 of 15 FILED: NEW YORK COUNTY CLERK 06/03/2019 02:35 PM INDEX NO. 154804/2017 NYSCEF |FILED DOC. : NO. 130 NEW YORK COUNTY CLERK 07/31/2018 02 : 58 RECEIVED NYSCEF: INDEX NO. 06/03/2019 154804/2017 PM| NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 07/31/2018 j. If the person(s) whose examination was sought appeared for any IMEs relating to the subject motor vehicle accident, provide a copy of the said IME report(s). Dated: Brooklyn, New York July 30, 2018 Fuld and Katy, P.C. Attorney for Defendants ABA CHIROPRACTIC, P.C., APPLE ACUPUNCTURE, P.C., CORONA MEDICAL PLAZA, P.C., and ELMONT REHAB PT, P.C. 1963 Coney Island Avenue Brooklyn, New York 11223 212-714-0421 By: a d Karp To: Rubin, Fiorella & Friedman LLP 3rd 630 Third Avenue, FlOOr New York, New York 10017 212-953-2381 10 of 15 FILED: NEW YORK COUNTY CLERK 06/03/2019 02:35 PM INDEX NO. 154804/2017 NYSCEF (FILED DOC. : NO. NEW 130 YORK COUNTY CLERK 07/31/2018 02: 58 RECEIVED NYSCEF: INDEX NO. 06/03/2019 154804/2017 PM) NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 07/31/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------x UNITRIN ADVANTAGE INSURANCE COMPANY, Index No.: 154804/17 Plaintiff, NOTICE TO TAKE DEPOSITION UPON ORAL EXAMINATION -against- ABA CHIROPRACTIC, P.C., APPLE ACUPUNCTURE, P.C., AUTO RX, L.C., CITIMEDICAL I, PLLC, CORONA MEDICAL PLAZA, P.C., ELMONT REHAB PT, P.C., EMA MEDICAL EQUIPMENT CORP.