Preview
BER-L-006449-22 01/09/2023 3:30:01 PM Pg 1 of 4 Trans ID: LCV2023200019
James P. Kimball, Esq. – 026251992
SEIGEL LAW LLC
505 Goffle Road
Ridgewood, New Jersey 07450
(201) 444-4000
Attorneys for Defendant/Counterclaimant,
Michael Bonnick
PROGRESSIVE SPINE & ORTHOPAEDICS, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: BERGEN COUNTY
Plaintiff, DOCKET NO. BER-L-6449-22
vs.
Civil Action
ANSWER, SEPARATE DEFENSES,
MICHAEL BONNICK, COUNTERCLAIM, JURY DEMAND,
TRIAL COUNSEL DESIGNATION &
CERTIFICATION
Defendant/Counterclaimant.
Defendant/Counterclaimant, MICHAEL BONNICK, residing at 1 Hoffman Drive,
Latham, New York, by way of Answer & Counterclaim declares:
FIRST COUNT
1. Denied.
WHEREFORE, Defendant/Counterclaimant, MICHAEL BONNICK, demands that the
Complaint be dismissed with prejudice and award costs and attorney’s fees.
SEPARATE DEFENSES
First Separate Defense
The Plaintiff’s Complaint is barred by the doctrine of Accord and Satisfaction.
Second Separate Defense
The Plaintiff’s Complaint is barred by the doctrine of Res Judicata.
BER-L-006449-22 01/09/2023 3:30:01 PM Pg 2 of 4 Trans ID: LCV2023200019
Third Separate Defense
The Plaintiff’s Complaint is barred by the doctrine of Collateral Estoppel.
Fourth Separate Defense
The Plaintiff’s Complaint is barred by the doctrine of Entire Controversy.
Fifth Separate Defense
The Plaintiff’s Complaint is barred for lack of subject matter jurisdiction.
Sixth Separate Defense
The Plaintiff’s Complaint is barred for lack of personal jurisdiction.
Seventh Separate Defense
The Plaintiff’s Complaint is barred for insufficiency of process.
Eighth Separate Defense
The Plaintiff’s Complaint is barred for insufficiency of service of process.
Ninth Separate Defense
The Plaintiff’s Complaint is barred for failure to state a claim upon which relief may be
granted.
Tenth Separate Defense
The Plaintiff Complaint is barred for failure to join a party without whom the action cannot
proceed as provided by R. 4:28-1.
Eleventh Separate Defense
The Defendant/Counterclaimant did not breach any duty owing to the Plaintiff.
Twelfth Separate Defense
The Plaintiff’s Complaint is barred by the Statute of Limitations.
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COUNTERCLAIM
1. Defendant/Counterclaimant, MICHAEL BONNICK, repeats all prior paragraphs
as if set forth verbatim herein.
2. Defendant/Counterclaimant, MICHAEL BONNICK, paid Plaintiff,
PROGRESSIVE ORTHOPAEDICS & SPINE, in full for all services rendered.
3. The Complaint filed by Plaintiff, PROGRESSIVE ORTHOPAEDICS & SPINE, is
frivolous as there is no valid claim for the alleged debt.
4. Defendant/Counterclaimant, MICHAEL BONNICK, served written notice on
counsel of Plaintiff, PROGRESSIVE ORTHOPAEDICS & SPINE, pursuant to R. 1:4-8(b) on
December 29, 2022.
5. Defendant/Counterclaimant, MICHAEL BONNICK, advised counsel of Plaintiff,
PROGRESSIVE ORTHOPAEDICS & SPINE, that the Complaint violated N.J.S.A. 2A:15-59.1
and R. 1:4-8 and provided that the Complaint must be dismissed with prejudice within 28 days.
6. Said 28-day notice will expire on January 26, 2023.
7. As a result of Plaintiff’s conduct, Defendant/Counterclaimant, MICHAEL
BONNICK, has suffered economic damages related to the costs and attorney’s fees that has
incurred and will continue to incur into the future.
8. As a result of Plaintiff’s conduct, Defendant/Counterclaimant, MICHAEL
BONNICK, has suffered anxiety and mental anguish.
9. As a result of Plaintiff’s conduct, sanctions should be imposed by the Court against
Plaintiff and Plaintiff’s counsel.
3
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WHEREFORE, Defendant/Counterclaimant, MICHAEL BONNICK, seeks judgment
against Plaintiff, PROGRESSIVE ORTHOPAEDICS & SPINE, for compensatory damages,
sanctions, costs and attorney’s fees.
DESIGNATION OF TRIAL COUNSEL
Pursuant to R. 4:5-1(c), James P. Kimball, Esq., is designated as trial counsel.
DEMAND FOR TRIAL BY JURY
Plaintiff hereby demands a trial by jury on all issues so triable.
R. 1:38-7(b) CERTIFICATION
The undersigned certifies that confidential personal identifiers have been redacted from
documents now submitted to the Court and will be redacted from all documents submitted in the
future pursuant to R. 1:38-7(b).
R. 4:5-1 CERTIFICATION
The undersigned certifies that the matter in controversy is not the subject of any other
action pending in any Court or of a pending arbitration proceeding, nor is any action or arbitration
proceeding contemplated, and all known necessary parties have been joined in this action pursuant
to R. 4:5-1.
SEIGEL LAW LLC
Attorneys for Plaintiff(s)
/s/ James P. Kimball
James P. Kimball, Esq.
Dated: January 9, 2023
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3:28:29PM
PM Pg 1 of 1 Trans
TransID:
ID:LCV2023200019
LCV2023200019
Civil Case Information Statement
Case Details: BERGEN | Civil Part Docket# L-006449-22
Case Caption: PROGRESSIVE SPINE & VS BONNICK Case Type: BOOK ACCOUNT (DEBT COLLECTION MATTERS
MICHAEL ONLY)
Case Initiation Date: 12/02/2022 Document Type: Answer W/CounterClaim
Attorney Name: JAMES PHILIP KIMBALL Jury Demand: NONE
Firm Name: SEIGEL LAW LLC Is this a professional malpractice case? NO
Address: 505 GOFFLE RD Related cases pending: NO
RIDGEWOOD NJ 074500000 If yes, list docket numbers:
Phone: 2014444000 Do you anticipate adding any parties (arising out of same
Name of Party: DEFENDANT : BONNICK, MICHAEL transaction or occurrence)? NO
Name of Defendant’s Primary Insurance Company Does this case involve claims related to COVID-19? NO
(if known): None
Are sexual abuse claims alleged by: PROGRESSIVE SPINE &? NO
THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE
CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION
Do parties have a current, past, or recurrent relationship? NO
If yes, is that relationship:
Does the statute governing this case provide for payment of fees by the losing party? NO
Use this space to alert the court to any special case characteristics that may warrant individual
management or accelerated disposition:
Do you or your client need any disability accommodations? NO
If yes, please identify the requested accommodation:
Will an interpreter be needed? NO
If yes, for what language:
Please check off each applicable category: Putative Class Action? NO Title 59? NO Consumer Fraud? NO
I certify that confidential personal identifiers have been redacted from documents now submitted to the
court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b)
01/09/2023 /s/ JAMES PHILIP KIMBALL
Dated Signed
Preview
BER-L-006449-22 01/09/2023 3:30:01 PM Pg 1 of 4 Trans ID: LCV2023200019 James P. Kimball, Esq. – 026251992 SEIGEL LAW LLC 505 Goffle Road Ridgewood, New Jersey 07450 (201) 444-4000 Attorneys for Defendant/Counterclaimant, Michael Bonnick PROGRESSIVE SPINE & ORTHOPAEDICS, SUPERIOR COURT OF NEW JERSEY LAW DIVISION: BERGEN COUNTY Plaintiff, DOCKET NO. BER-L-6449-22 vs. Civil Action ANSWER, SEPARATE DEFENSES, MICHAEL BONNICK, COUNTERCLAIM, JURY DEMAND, TRIAL COUNSEL DESIGNATION & CERTIFICATION Defendant/Counterclaimant. Defendant/Counterclaimant, MICHAEL BONNICK, residing at 1 Hoffman Drive, Latham, New York, by way of Answer & Counterclaim declares: FIRST COUNT 1. Denied. WHEREFORE, Defendant/Counterclaimant, MICHAEL BONNICK, demands that the Complaint be dismissed with prejudice and award costs and attorney’s fees. SEPARATE DEFENSES First Separate Defense The Plaintiff’s Complaint is barred by the doctrine of Accord and Satisfaction. Second Separate Defense The Plaintiff’s Complaint is barred by the doctrine of Res Judicata. BER-L-006449-22 01/09/2023 3:30:01 PM Pg 2 of 4 Trans ID: LCV2023200019 Third Separate Defense The Plaintiff’s Complaint is barred by the doctrine of Collateral Estoppel. Fourth Separate Defense The Plaintiff’s Complaint is barred by the doctrine of Entire Controversy. Fifth Separate Defense The Plaintiff’s Complaint is barred for lack of subject matter jurisdiction. Sixth Separate Defense The Plaintiff’s Complaint is barred for lack of personal jurisdiction. Seventh Separate Defense The Plaintiff’s Complaint is barred for insufficiency of process. Eighth Separate Defense The Plaintiff’s Complaint is barred for insufficiency of service of process. Ninth Separate Defense The Plaintiff’s Complaint is barred for failure to state a claim upon which relief may be granted. Tenth Separate Defense The Plaintiff Complaint is barred for failure to join a party without whom the action cannot proceed as provided by R. 4:28-1. Eleventh Separate Defense The Defendant/Counterclaimant did not breach any duty owing to the Plaintiff. Twelfth Separate Defense The Plaintiff’s Complaint is barred by the Statute of Limitations. BER-L-006449-22 01/09/2023 3:30:01 PM Pg 3 of 4 Trans ID: LCV2023200019 COUNTERCLAIM 1. Defendant/Counterclaimant, MICHAEL BONNICK, repeats all prior paragraphs as if set forth verbatim herein. 2. Defendant/Counterclaimant, MICHAEL BONNICK, paid Plaintiff, PROGRESSIVE ORTHOPAEDICS & SPINE, in full for all services rendered. 3. The Complaint filed by Plaintiff, PROGRESSIVE ORTHOPAEDICS & SPINE, is frivolous as there is no valid claim for the alleged debt. 4. Defendant/Counterclaimant, MICHAEL BONNICK, served written notice on counsel of Plaintiff, PROGRESSIVE ORTHOPAEDICS & SPINE, pursuant to R. 1:4-8(b) on December 29, 2022. 5. Defendant/Counterclaimant, MICHAEL BONNICK, advised counsel of Plaintiff, PROGRESSIVE ORTHOPAEDICS & SPINE, that the Complaint violated N.J.S.A. 2A:15-59.1 and R. 1:4-8 and provided that the Complaint must be dismissed with prejudice within 28 days. 6. Said 28-day notice will expire on January 26, 2023. 7. As a result of Plaintiff’s conduct, Defendant/Counterclaimant, MICHAEL BONNICK, has suffered economic damages related to the costs and attorney’s fees that has incurred and will continue to incur into the future. 8. As a result of Plaintiff’s conduct, Defendant/Counterclaimant, MICHAEL BONNICK, has suffered anxiety and mental anguish. 9. As a result of Plaintiff’s conduct, sanctions should be imposed by the Court against Plaintiff and Plaintiff’s counsel. 3 BER-L-006449-22 01/09/2023 3:30:01 PM Pg 4 of 4 Trans ID: LCV2023200019 WHEREFORE, Defendant/Counterclaimant, MICHAEL BONNICK, seeks judgment against Plaintiff, PROGRESSIVE ORTHOPAEDICS & SPINE, for compensatory damages, sanctions, costs and attorney’s fees. DESIGNATION OF TRIAL COUNSEL Pursuant to R. 4:5-1(c), James P. Kimball, Esq., is designated as trial counsel. DEMAND FOR TRIAL BY JURY Plaintiff hereby demands a trial by jury on all issues so triable. R. 1:38-7(b) CERTIFICATION The undersigned certifies that confidential personal identifiers have been redacted from documents now submitted to the Court and will be redacted from all documents submitted in the future pursuant to R. 1:38-7(b). R. 4:5-1 CERTIFICATION The undersigned certifies that the matter in controversy is not the subject of any other action pending in any Court or of a pending arbitration proceeding, nor is any action or arbitration proceeding contemplated, and all known necessary parties have been joined in this action pursuant to R. 4:5-1. SEIGEL LAW LLC Attorneys for Plaintiff(s) /s/ James P. Kimball James P. Kimball, Esq. Dated: January 9, 2023 4 BER-L-006449-22 01/09/2023 BER-L-006449-22 01/09/20233:30:01 3:28:29PM PM Pg 1 of 1 Trans TransID: ID:LCV2023200019 LCV2023200019 Civil Case Information Statement Case Details: BERGEN | Civil Part Docket# L-006449-22 Case Caption: PROGRESSIVE SPINE & VS BONNICK Case Type: BOOK ACCOUNT (DEBT COLLECTION MATTERS MICHAEL ONLY) Case Initiation Date: 12/02/2022 Document Type: Answer W/CounterClaim Attorney Name: JAMES PHILIP KIMBALL Jury Demand: NONE Firm Name: SEIGEL LAW LLC Is this a professional malpractice case? NO Address: 505 GOFFLE RD Related cases pending: NO RIDGEWOOD NJ 074500000 If yes, list docket numbers: Phone: 2014444000 Do you anticipate adding any parties (arising out of same Name of Party: DEFENDANT : BONNICK, MICHAEL transaction or occurrence)? NO Name of Defendant’s Primary Insurance Company Does this case involve claims related to COVID-19? NO (if known): None Are sexual abuse claims alleged by: PROGRESSIVE SPINE &? NO THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION Do parties have a current, past, or recurrent relationship? NO If yes, is that relationship: Does the statute governing this case provide for payment of fees by the losing party? NO Use this space to alert the court to any special case characteristics that may warrant individual management or accelerated disposition: Do you or your client need any disability accommodations? NO If yes, please identify the requested accommodation: Will an interpreter be needed? NO If yes, for what language: Please check off each applicable category: Putative Class Action? NO Title 59? NO Consumer Fraud? NO I certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b) 01/09/2023 /s/ JAMES PHILIP KIMBALL Dated Signed