On May 24, 2017 a
Order
was filed
involving a dispute between
Unitrin Advantage Insurance Company,
and
Aba Chiropractic, P.C.,
Angela Salguedo,
Apple Acupuncture, P.C.,
Auto Rx, L.C.,
Citimedical I, Pllc,
Corona Medical Plaza, P.C.,
Dwayne Corwise,
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.,
for Torts - Other (Declaratory Judgment)
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 06/15/2022 02:02 PM INDEX NO. 154804/2017
NYSCEF DOC. NO. 172 RECEIVED NYSCEF: 06/13/2022
SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
PRESENT: HON. PAUL A. GOETZ PART 47
Justice
---------------------------------------------------------------------------------X INDEX NO. 154804/2017
UNITRIN ADVANTAGE INSURANCE COMPANY,
MOTION DATE 04/04/2022
Plaintiff,
MOTION SEQ. NO. 006
-v-
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
DECISION + ORDER ON
DIAGNOSTICS, PLLC,FRANK S. SEGRETO, M.D.,
HEALTH BALANCE MEDICAL, P.C.,SATYA DRUG CORP. MOTION
D/B/A FARMACIA CENTRAL, UGP ACUPUNCTURE,
P.C.,DWAYNE CORWISE, ANGELA SALGUEDO
Defendants.
---------------------------------------------------------------------------------X
The following e-filed documents, listed by NYSCEF document number (Motion 006) 162, 163, 164, 165,
166, 167, 168, 169, 170
were read on this motion to/for JUDGMENT - SUMMARY .
Upon the foregoing documents, it is
ORDERED that plaintiff’s motion to renew its prior motion for summary judgment is
granted based on the First Department’s recent decision in Unitrin Advantage v. Dowd, 194
A.D.3d 507 (1st Dep’t 2021) which clarifies that the coverage defense applies to any claim and is
not determined on a bill-by-bill basis; and it is further
ORDERED that upon renewal, plaintiff’s motion for summary judgment against
defendants ABA Chiropractic PC, Corona Medical Plaza PC and Elmont Rehab PT, PC is
granted based on the failure of claimant Salguedo to appear for IMEs; and it is further
ORDERED that the remaining claims against defendants UGP Acupuncture and Apple
Acupuncture PC are severed and continued unless the parties discontinue those claims; and it is
further
154804/2017 UNITRIN ADVANTAGE INSURANCE vs. ABA CHIROPRACTIC, P.C. Page 1 of 2
Motion No. 006
1 of 2
FILED: NEW YORK COUNTY CLERK 06/15/2022 02:02 PM INDEX NO. 154804/2017
NYSCEF DOC. NO. 172 RECEIVED NYSCEF: 06/13/2022
ORDERED that plaintiff shall file the note of issue by June 30, 2022.
6/13/2022
DATE PAUL A. GOETZ, J.S.C.
CHECK ONE: CASE DISPOSED X NON-FINAL DISPOSITION
X GRANTED DENIED GRANTED IN PART OTHER
APPLICATION: SETTLE ORDER SUBMIT ORDER
CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE
154804/2017 UNITRIN ADVANTAGE INSURANCE vs. ABA CHIROPRACTIC, P.C. Page 2 of 2
Motion No. 006
2 of 2
Document Filed Date
June 15, 2022
Case Filing Date
May 24, 2017
Category
Torts - Other (Declaratory Judgment)
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Preview
FILED: NEW YORK COUNTY CLERK 06/15/2022 02:02 PM INDEX NO. 154804/2017 NYSCEF DOC. NO. 172 RECEIVED NYSCEF: 06/13/2022 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. PAUL A. GOETZ PART 47 Justice ---------------------------------------------------------------------------------X INDEX NO. 154804/2017 UNITRIN ADVANTAGE INSURANCE COMPANY, MOTION DATE 04/04/2022 Plaintiff, MOTION SEQ. NO. 006 -v- 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 DECISION + ORDER ON DIAGNOSTICS, PLLC,FRANK S. SEGRETO, M.D., HEALTH BALANCE MEDICAL, P.C.,SATYA DRUG CORP. MOTION D/B/A FARMACIA CENTRAL, UGP ACUPUNCTURE, P.C.,DWAYNE CORWISE, ANGELA SALGUEDO Defendants. ---------------------------------------------------------------------------------X The following e-filed documents, listed by NYSCEF document number (Motion 006) 162, 163, 164, 165, 166, 167, 168, 169, 170 were read on this motion to/for JUDGMENT - SUMMARY . Upon the foregoing documents, it is ORDERED that plaintiff’s motion to renew its prior motion for summary judgment is granted based on the First Department’s recent decision in Unitrin Advantage v. Dowd, 194 A.D.3d 507 (1st Dep’t 2021) which clarifies that the coverage defense applies to any claim and is not determined on a bill-by-bill basis; and it is further ORDERED that upon renewal, plaintiff’s motion for summary judgment against defendants ABA Chiropractic PC, Corona Medical Plaza PC and Elmont Rehab PT, PC is granted based on the failure of claimant Salguedo to appear for IMEs; and it is further ORDERED that the remaining claims against defendants UGP Acupuncture and Apple Acupuncture PC are severed and continued unless the parties discontinue those claims; and it is further 154804/2017 UNITRIN ADVANTAGE INSURANCE vs. ABA CHIROPRACTIC, P.C. Page 1 of 2 Motion No. 006 1 of 2 FILED: NEW YORK COUNTY CLERK 06/15/2022 02:02 PM INDEX NO. 154804/2017 NYSCEF DOC. NO. 172 RECEIVED NYSCEF: 06/13/2022 ORDERED that plaintiff shall file the note of issue by June 30, 2022. 6/13/2022 DATE PAUL A. GOETZ, J.S.C. CHECK ONE: CASE DISPOSED X NON-FINAL DISPOSITION X GRANTED DENIED GRANTED IN PART OTHER APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE 154804/2017 UNITRIN ADVANTAGE INSURANCE vs. ABA CHIROPRACTIC, P.C. Page 2 of 2 Motion No. 006 2 of 2