Preview
FILED: NASSAU COUNTY CLERK 09/13/2023 11:06 AM INDEX NO. 614797/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/13/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
_____________.._________________________________Ç
PROGRESSIVE CASUALTY INSURANCE COMPANY,.
SUMMONS
Plaintiff,
- against -
Index No.:
KEVIN S VASQUEZ CHACON AKA KEVIN VASQUEZ CHACON (POLICY
NUMBER 952677304), The basis of the
VIVIAN ARITA FUENTES AKA VIVIAN F ARITA FUENTES AKA VIVIAN
venue designated of
FUENTES AKA ARITA GISELLE,
Nassau County is:
ADONY CERRATO-VILLADERES AKA ADONY F CERRATO
Plaintiff's place of
VALLADARES AKA ADONY CERRATO,
business
C.P.L.R. § 503(A)
(collectively, the "Individual Defendants")
- and -
ACE MED SUPPLIES INC.,
ALL CITY FAMILY HEALTHCARE CENTER, INC.,
BMM LIFE ESSENTIAL SERVICES INC.,
CENTURION MIDTOWN MEDICAL, PLLC,
CHAYIM MED PRODUCTS CORP.,
CHIROPRACTIC EVALUATION SERVICE, P.C.,
DR MANASHEROV MEDICAL PC,
FAMILY RX CORP,
FIFTH AVENUE SURGERY CENTER, LLC,
FLEX MED SUPPLY INC,
FUTURE CARE INTERNAL MEDICINE,
GAETAN JEAN MARIE, FAMILY HEALTH NP, PLLC,
GET WELL RX INC.,
GLOBAL ORTHO, INC.,
H. LEVITAN MEDICAL P.C.,
HEALTH WELLNESS MEDICAL SERVICES PLLC,
HERSCHEL KOTKES, M.D., P.C.,
JUAN D DELACRUZ MD,
KAMM MED SUPPLIES INC.,
LAKE SHORE CHIROPRACTIC P.C.,
MEDEX SUPPLIES INC.,
MEDICAL MRI P.C.,
MEDICUS SUPPLY CORP.,
MEDISOURCE MEDICAL INC.,
MULTIWAVE DIAGNOSTICS. INC.,
N AND J HOME CARE, INC.,
NEW ARENA PT, P.C.,
OPAQUE NY, INC.,
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ORTHO CHOICE, INC.,
PULSE MED SUPPLY CORP.,
RANA UNITED, INC.,
RIDGEWOOD DRUG INC.,
ROCKAWAYS ASC DEVELOPMENT, LLC,
SEDATION VACATION PERIOPERATIVE MˆDICINE PLLC,
STAR MEDICAL IMAGING P.C.,
STORY AVE PHARMACY INC D/B/A 99 CENTS AND UP,
TIMOTHY J HENDERSON, M.D.,
TRIBOROUGH ASC, LLC, and
VIOTEK MED SUPPLIES, INC.,
(collectively "Provider Defendants")
collectively the Defendants.
..----.._________________________________________Ç
TO THE ABOVE-NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to Answer the Complaint in this action and to serve
a copy of your answer or, if the Complaint is not served with this Summons, to serve a Notice of
Appearance, on the Plaintiff's Attorney(s) within twenty (20) days after the service of this
Summons, exclusive of the day of service (or within thirty 30 days after the service is complete if
this Summons is not personally delivered to you within the State of New York); and in case of
your failure to appear, or Answer, judgment will be taken against you by default for the relief
demanded in this Complaint.
Dated: Garden City, New York
September /3 , 2023
McCORMAC I & HOLLER
CHRISTER MILAZZO, ESQ.
Attorneys for Plaintiff
PROGRESSIVE CASUALTY INSURANCE COMPANY
1035 Stewart Avenue, Second & Third Floors
Garden City, New York 11530
(516) 505-0600 Ext. 248
Our File No.: X-8427.dj
Nature of Action: Action for Declaratory Judgment pursuant to C.P.L.R. § 3001, and C.P.L.R. §
3017(b) seeking a declaration of rights, duties, obligations, and legal relationships by and between
PROGRESSIVE CASUALTY INSURANCE COMPANY, in addition to the above-named
Defendants.
2
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TO: INDIVIDUAL DEFENDANTS
KEVIN S VASQUEZ CHACON AKA KEVIN VASQUEZ CHACON
5432 ARNOLD AVENUE, APARTMENT IR
FLUSHING, NEW YORK 11378
KEVIN S VASQUEZ CHACON AKA KEVIN VASQUEZ CHACON
5432 ARNOLD AVENUE
MASPETH, NEW YORK 11378
KEVIN S VASQUEZ CHACON AKA KEVIN VASQUEZ CHACON
54-32 ARNOLD AVENUE
QUEENS, NEW YORK 11378
KEVIN S VASQUEZ CHACON AKA KEVIN VASQUEZ CHACON
65-40 ADMIRAL AVENUE
QUEENS, NEW YORK 11379
VIVIAN ARITA FUENTES AKA VIVIAN F ARITA FUENTES AKA VIVIAN FUENTES
AKA ARITA GISELLE
5432 ARNOLD AVENUE, APARTMENT IR
FLUSHING, NEW YORK 11378
VIVIAN ARITA FUENTES AKA VIVIAN F ARITA FUENTES AKA VIVIAN FUENTES
AKA ARITA GISELLE
54-32 ARNOLD AVENUE
QUEENS, NEW YORK 11378
ADONY CERRATO-VILLADERES AKA ADONY F CERRATO VALLADARES AKA
ADONY CERRATO
5432 ARNOLD AVENUE, APARTMENT IR
FLUSHING, NEW YORK 11378
ADONY CERRATO-VILLADERES AKA ADONY F CERRATO VALLADARES AKA
ADONY CERRATO
199 BRADFORD STREET
BROOKLYN, NEW YORK 11207
TO: PROVIDER DEFENDANTS (VIA SECRETARY OF STATE)
ACE MED SUPPLIES INC.
118-35 QUEENS BOULEVARD, SUITE 413
FOREST HILLS, NEW YORK 11375
3
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ALL CITY FAMILY HEALTHCARE CENTER, INC.
ILANA ZYB1N
3632 NOSTRAND AVE
BROOKLYN, NEW YORK 11229
BMM LIFE ESSENTIAL SERVICES INC.
6622-11TH AVENUE, SUITE A
BROOKLYN, NEW YORK 11219
CENTURION MIDTOWN MEDICAL, PLLC
211 EAST 53RD STREET, SUITE 3K
NEW YORK, NEW YORK 10022
CHAYIM MED PRODUCTS CORP.
1701 AVENUE P, SUITE H
BROOKLYN, NEW YORK 11229
CHIROPRACTIC EVALUATION SERVICE, P.C.
8416 JAMAICA AVENUE
WOODHAVEN, NEW YORK 11421
FAMILY RX CORP
6929 MYRTLE AVENUE
GLENDALE, NEW YORK 11385
FIFTH AVENUE SURGERY CENTER, LLC
1049 5TH AVENUE
NEW YORK, NEW YORK 10028
FLEX MED SUPPLY INC
96th
8638 ST
WOODHAVEN, NEW YORK 11421
GAETAN JEAN MARIE, FAMILY HEALTH NP, PLLC
100 DUFFY AVENUE, SUITE 510
HICKSVILLE, NEW YORK 11801
GET WELL RX INC.
98-50 63RD DRIVE, APARTMENT 5F
REGO PARK, NEW YORK 11374
GLOBAL ORTHO, INC.
OLENA MALAYDAKH
181 AVENUE S
BROOKLYN, NEW YORK 11223
4
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H. LEVITAN MEDICAL P.C.
301 E. 79TH STREET, APARTMENT 37P
NEW YORK, NEW YORK 10075
HEALTH WELLNESS MEDICAL SERVICES PLLC
C/O EINBINDER & DUNN, LLP
112 MADISON AVENUE., 8TH AVENUE
NEW YORK, NEW YORK 10016
HERSCHEL KOTKES, M.D., P.C.
77 NORTH CENTRE AVENUE, SUITE 208
ROCKVILLE CENTRE, NEW YORK 11570
KAMM MED SUPPLIES INC.
9113 MERRICK BOULEVARD, SUITE A4
QUEENS, NEW YORK 11432
LAKE SHORE CHIROPRACTIC P.C.
581 GRAND AVENUE
LINDENHURST, NEW YORK 11757
MEDEX SUPPLIES INC.
1407 CONEY ISLAND AVENUE, 2ND FLOOR
BROOKLYN, NEW YORK 11230
MEDICAL MRI P.C.
JOHN SHERRY LYONS
101-07 JAMAICA AVENUE
RICHMOND HILL, NEW YORK 11418
MEDICUS SUPPLY CORP.
2709 CONEY ISLAND AVENUE, #201
BROOKLYN, NEW YORK 11235
MEDISOURCE MEDICAL INC.
4501 AVE N
BROOKLYN, NEW YORK 11234
MULTIWAVE DIAGNOSTICS. INC.
411 THEODORE FREMD AVE, RM 206 SOUTH
RYE, NEW YORK 10580
N AND J HOME CARE, INC.
98-51 QUEENS BLVD
REGO PARK, NEW YORK
5
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NEW ARENA PT, P.C.
1045 CHESTNUT STREET
VALLEY STREAM, NEW YORK 11580
OPAQUE NY, INC.
626 REXCORP PLAZA, 6TH FLOOR
UNIONDALE, NEW YORK 11556
ORTHO CHOICE, INC.
ROZA YUSUPOV
86-75 MIDLAND PARKWAY
JAMAICA, NEW YORK 11432
PULSE MED SUPPLY CORP.
621 BRIGHTON BEACH AVENUE, 2ND FLOOR
BROOKLYN, NEW YORK 11235
RANA UNITED, INC.
601 EAST 18TH STREET, APARTMENT 709
BROOKLYN, NEW YORK 11226
RIDGEWOOD DRUG INC.
1701 MADISON STREET
RIDGEWOOD, NEW YORK 11385
ROCKAWAYS ASC DEVELOPMENT, LLC
105-20 ROCKAWAY BEACH BLVD., SUITE 301
ROCKAWAY PARK, NEW YORK 11694
SEDATION VACATION PERIOPERATIVE MEDICINE PLLC
811 WILSON STREET
VALLEY STREAM, NEW YORK 11581
STAR MEDICAL IMAGING P.C.
JOHN SHERRY LYONS
147 E MERRICK ROAD
VALLEY STREAM, NEW YORK 11580
STORY AVE PHARMACY INC D/B/A 99 CENTS AND UP
1903 STORY AVENUE
BRONX, NEW YORK 10473
TRIBOROUGH ASC, LLC
MICHELMAN & ROBINSON LLP
800 THIRD AVENUE 24TH FL
NEW YORK, NEW YORK 10022
6
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VIOTEK MED SUPPLIES, INC.
63-50 WETHEROLE STREET
REGO PARK, NEW YORK 11374
TO: PROVIDER DEFENDANTS
DR MANASHEROV MEDICAL PC
100 MERRICK BOULEVARD, SUITE 314W
ROCKVILLE CENTRE, NEW YORK 11570
FUTURE CARE INTERNAL MEDICINE
64-05 YELLOWSTONE BOULEVARD, SUITE CF104
FOREST HILLS, NEW YORK 11375
JUAN D DELACRUZ MD
82-17 WOODHAVEN BLVD
RIDGEWOOD, NEW YORK 11385
TIMOTHY J HENDERSON, M.D.
3117 BUHRE AVENUE
BRONX, NEW YORK 10461
7
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
______..-------..----------- _ _ _ _ _ _ ____________Ç
PROGRESSIVE CASUALTY INSURANCE COMPANY, VERIFIED
COMPLAINT
Plaintiff,
- against - Index No.:
KEVIN S VASQUEZ CHACON AKA KEVIN VASQUEZ CHACON (POLICY
NUMBER 952677304),
VIVIAN ARITA FUENTES AKA VIVIAN F ARITA FUENTES AKA VIVIAN
FUENTES AKA ARITA GISELLE,
ADONY CERRATO-VILLADERES AKA ADONY F CERRATO
VALLADARES AKA ADONY CERRATO,
(collectively, the "Individual Defendants")
- and -
ACE MED SUPPLIES INC.,
ALL CITY FAMILY HEALTHCARE CENTER, INC.,
BMM LIFE ESSENTIAL SERVICES INC.,
CENTURION MIDTOWN MEDICAL, PLLC,
CHAYIM MED PRODUCTS CORP.,
CHIROPRACTIC EVALUATION SERVICE, P.C.,
DR MANASHEROV MEDICAL PC,
FAMILY RX CORP,
FIFTH AVENUE SURGERY CENTER, LLC,
FLEX MED SUPPLY INC,
FUTURE CARE INTERNAL MEDICINE,
GAETAN JEAN MARIE, FAMILY HEALTH NP, PLLC,
GET WELL RX INC.,
GLOBAL ORTHO, INC.,
H. LEVITAN MEDICAL P.C.,
HEALTH WELLNESS MEDICAL SERVICES PLLC,
HERSCHEL KOTKES, M.D., P.C.,
JUAN D DELACRUZ MD,
KAMM MED SUPPLIES INC.,
LAKE SHORE CHIROPRACTIC P.C.,
MEDEX SUPPLIES INC.,
MEDICAL MRI P.C.,
MEDICUS SUPPLY CORP.,
MEDISOURCE MEDICAL INC.,
MULTIWAVE DIAGNOSTICS. INC.,
N AND J HOME CARE, INC.,
NEW ARENA PT, P.C.,
OPAQUE NY, INC.,
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ORTHO CHOICE, INC.,
PULSE MED SUPPLY CORP.,
RANA UNITED, INC.,
RIDGEWOOD DRUG INC.,
ROCKAWAYS ASC DEVELOPMENT, LLC,
SEDATION VACATION PERIOPERATIVE MEDICINE PLLC,
STAR MEDICAL IMAGING P.C.,
STORY AVE PHARMACY INC D/B/A 99 CENTS AND UP,
TIMOTHY J HENDERSON, M.D.,
TRIBOROUGH ASC, LLC, and
VIOTEK MED SUPPLIES, INC.,
(collectively "Provider Defendants")
collectively the Defendants,
..---------..-___________________________Ç
COMPLAINT
PROGRESSIVE CASUALTY INSURANCE COMPANY (hereinafter,
"PROGRESSIVE"
or "Plaintiff"), by their attorneys, McCORMACK, MATTEI & HOLLER, for
their Veriñed Complaint to obtain judgment declaring the rights and legal relations of the parties
to this action, states as follows:
L INTRODUCTION
1, This action seeks to terminate an ongoing fraudulent scheme perpetrated against
PROGRESSIVE, whereby:
(i) individuals operating in the New York metropolitan area approach healthcare
goods and services providers who specialize in treating No-Fault patients and - in
exchange for cash payments - agree to deliver a stream of No-Fault
steady
patients to the healthcare providers for treatment;
(ii) then, the individuals arrange for themselves and their associates to obtain
automobile insurance policies from PROGRESSIVE and other insurers (the
"Subject Policies"), typically through false and fraudulent policy applications;
"accidents"
(iii) then, the individuals and their associates stage automobile involving
the vehicles insured under the Subject Policies, in each case involving at least one
vehicle insured by PROGRESSIVE;
2
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victims" -
(iv) then, the individuals deliver the purported "accident i.e., individuals
"accidents"
who agree to ride in the vehicles involved in the intentionally planned
- to the healthcare where receive
providers, they purportedly "treatment";
victims"
(v) then, the healthcare providers refer the purported "accident to other
healthcare providers for additional treatment, in exchange for monetary payment;
(vi) then, (a) the healthcare providers submit large-scale fraudulent billing to
PROGRESSIVE, seeking payment under the New York No-Fault laws for the
victims"
goods and services they allegedly provide, (b) the purported "accident
submit individual claims to PROGRESSIVE seeking first party No-Fault
victims" third-
Benefits, and (c) the purported "accident assert claims seeking
party benefits (i.e. payment for injuries and pain and suffering above the No-Fault
threshold) through claims and lawsuits asserted against the PROGRESSIVE
Insureds under the Subject Policies; and
victims"
(vii) both the healthcare providers and the purported "accident systematically
fail to respond to PROGRESSIVE's requests for additional verification, including
requests that they appear for Examinations Under Oath as required under the
Subject Policies and No-Fault laws.
2. Accordingly, PROGRESSIVE seeks a Declaratory Judgment, pursuant to
C.P.L.R. § 3001 and C.P.L.R. § 3017(b), declaring that:
(i) the alleged motor vehicle incident of October 19, 2022, was not the product of a
covered event as defined by the applicable policy of insurance issued by
PROGRESSIVE;
(ii) the Subject Policy was procured through fraud, and PROGRESSIVE, therefore, is
not obligated to pay any claims that arise from the Subject Policy; including, but
not limited to, first-party benefits to the healthcare providers or to the named
insureds, Property Damage and/or Bodily Injury Coverage Benefits, Mandatory
Personal Injury Protection (or "No-Fault Coverage") Benefits, and Supplementary
Uninsured/Underinsured Motorist Benefits, nor is PROGRESSIVE obligated to
defend the Individual Defendants for claims that are made against them seeking
damages and payment under the Subject Policy;
(iii) that PROGRESSIVE, by reason of no coverage, is not required to provide a
defense and/or indemnification to any of the Defendants named herein who are
"insured" operator"
purportedly an or an "insured pursuant to those terms as set
forth in the instant complaint for declaratory relief, in any current or future
proceedings, including, but not limited to, any and all lawsuits or arbitrations
3
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seeking to recover No-Fault Benefits, any and all lawsuits or arbitrations for
Supplementary Uninsured/Underinsured Motorist Benefits, lawsuits seeking
damages subject to the Bodily Injury Liability and/or Property Damage Liability
Coverage, and third-party lawsuits and arbitrations arising out of the October 19,
2022 incident, inasmuch as the October 19, 2022 incident was not a covered
event;
(iv) that PROGRESSIVE, by reason of no coverage, is not required to pay any sums,
monies, damages, awards and/or benefits to any Defendants named herein, their
agents, employees, assignors and/or his/her heirs arising out of any current and
future proceedings, including, but not limited to, any and all lawsuits or
arbitrations seeking to recover No-Fault Benefits, any and all lawsuits or
arbitrations for Supplementary Uninsured/Underinsured Motorist Benefits, any
and all lawsuits seeking damages subject to the Bodily Injury Liability and/or
Property Damage Liability Coverage, and third-party lawsuits and arbitrations
arising out of the October 19, 2022 incident, inasmuch as the October 19, 2022
incident was not a covered event;
(v) the pertinent accident was a planned event, not genuine, and PROGRESSIVE,
therefore, is not obligated to pay any first-party benefits on the Subject Policy to
the healthcare providers or to the named insureds, including, but not limited to,
No-Fault Benefits, and Supplementary Uninsured/Underinsured Motorist
Benefits, nor is PROGRESSIVE obligated to defend nor indemnify the named
insureds or the individuals who operated the insured vehicle for claims that are
made against them seeking damages and payment under the Subject Policy,
including claims subject to the Bodily Injury Liability and/or Property Damage
Liability coverage; and
(vi) for such other and further relief as this Court deems just, proper, and equitable.
3. The Defendants fall into the following categories:
(i) ACE MED SUPPLIES INC., ALL CITY FAMILY HEALTHCARE CENTER,
INC., BMM LIFE ESSENTIAL SERVICES INC., CENTURION MIDTOWN
MEDICAL, PLLC, CHAYIM
Preview
FILED: NASSAU COUNTY CLERK 09/13/2023 11:06 AM INDEX NO. 614797/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/13/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU _____________.._________________________________Ç PROGRESSIVE CASUALTY INSURANCE COMPANY,. SUMMONS Plaintiff, - against - Index No.: KEVIN S VASQUEZ CHACON AKA KEVIN VASQUEZ CHACON (POLICY NUMBER 952677304), The basis of the VIVIAN ARITA FUENTES AKA VIVIAN F ARITA FUENTES AKA VIVIAN venue designated of FUENTES AKA ARITA GISELLE, Nassau County is: ADONY CERRATO-VILLADERES AKA ADONY F CERRATO Plaintiff's place of VALLADARES AKA ADONY CERRATO, business C.P.L.R. § 503(A) (collectively, the "Individual Defendants") - and - ACE MED SUPPLIES INC., ALL CITY FAMILY HEALTHCARE CENTER, INC., BMM LIFE ESSENTIAL SERVICES INC., CENTURION MIDTOWN MEDICAL, PLLC, CHAYIM MED PRODUCTS CORP., CHIROPRACTIC EVALUATION SERVICE, P.C., DR MANASHEROV MEDICAL PC, FAMILY RX CORP, FIFTH AVENUE SURGERY CENTER, LLC, FLEX MED SUPPLY INC, FUTURE CARE INTERNAL MEDICINE, GAETAN JEAN MARIE, FAMILY HEALTH NP, PLLC, GET WELL RX INC., GLOBAL ORTHO, INC., H. LEVITAN MEDICAL P.C., HEALTH WELLNESS MEDICAL SERVICES PLLC, HERSCHEL KOTKES, M.D., P.C., JUAN D DELACRUZ MD, KAMM MED SUPPLIES INC., LAKE SHORE CHIROPRACTIC P.C., MEDEX SUPPLIES INC., MEDICAL MRI P.C., MEDICUS SUPPLY CORP., MEDISOURCE MEDICAL INC., MULTIWAVE DIAGNOSTICS. INC., N AND J HOME CARE, INC., NEW ARENA PT, P.C., OPAQUE NY, INC., 1 of 41 FILED: NASSAU COUNTY CLERK 09/13/2023 11:06 AM INDEX NO. 614797/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/13/2023 ORTHO CHOICE, INC., PULSE MED SUPPLY CORP., RANA UNITED, INC., RIDGEWOOD DRUG INC., ROCKAWAYS ASC DEVELOPMENT, LLC, SEDATION VACATION PERIOPERATIVE MˆDICINE PLLC, STAR MEDICAL IMAGING P.C., STORY AVE PHARMACY INC D/B/A 99 CENTS AND UP, TIMOTHY J HENDERSON, M.D., TRIBOROUGH ASC, LLC, and VIOTEK MED SUPPLIES, INC., (collectively "Provider Defendants") collectively the Defendants. ..----.._________________________________________Ç TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to Answer the Complaint in this action and to serve a copy of your answer or, if the Complaint is not served with this Summons, to serve a Notice of Appearance, on the Plaintiff's Attorney(s) within twenty (20) days after the service of this Summons, exclusive of the day of service (or within thirty 30 days after the service is complete if this Summons is not personally delivered to you within the State of New York); and in case of your failure to appear, or Answer, judgment will be taken against you by default for the relief demanded in this Complaint. Dated: Garden City, New York September /3 , 2023 McCORMAC I & HOLLER CHRISTER MILAZZO, ESQ. Attorneys for Plaintiff PROGRESSIVE CASUALTY INSURANCE COMPANY 1035 Stewart Avenue, Second & Third Floors Garden City, New York 11530 (516) 505-0600 Ext. 248 Our File No.: X-8427.dj Nature of Action: Action for Declaratory Judgment pursuant to C.P.L.R. § 3001, and C.P.L.R. § 3017(b) seeking a declaration of rights, duties, obligations, and legal relationships by and between PROGRESSIVE CASUALTY INSURANCE COMPANY, in addition to the above-named Defendants. 2 2 of 41 FILED: NASSAU COUNTY CLERK 09/13/2023 11:06 AM INDEX NO. 614797/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/13/2023 TO: INDIVIDUAL DEFENDANTS KEVIN S VASQUEZ CHACON AKA KEVIN VASQUEZ CHACON 5432 ARNOLD AVENUE, APARTMENT IR FLUSHING, NEW YORK 11378 KEVIN S VASQUEZ CHACON AKA KEVIN VASQUEZ CHACON 5432 ARNOLD AVENUE MASPETH, NEW YORK 11378 KEVIN S VASQUEZ CHACON AKA KEVIN VASQUEZ CHACON 54-32 ARNOLD AVENUE QUEENS, NEW YORK 11378 KEVIN S VASQUEZ CHACON AKA KEVIN VASQUEZ CHACON 65-40 ADMIRAL AVENUE QUEENS, NEW YORK 11379 VIVIAN ARITA FUENTES AKA VIVIAN F ARITA FUENTES AKA VIVIAN FUENTES AKA ARITA GISELLE 5432 ARNOLD AVENUE, APARTMENT IR FLUSHING, NEW YORK 11378 VIVIAN ARITA FUENTES AKA VIVIAN F ARITA FUENTES AKA VIVIAN FUENTES AKA ARITA GISELLE 54-32 ARNOLD AVENUE QUEENS, NEW YORK 11378 ADONY CERRATO-VILLADERES AKA ADONY F CERRATO VALLADARES AKA ADONY CERRATO 5432 ARNOLD AVENUE, APARTMENT IR FLUSHING, NEW YORK 11378 ADONY CERRATO-VILLADERES AKA ADONY F CERRATO VALLADARES AKA ADONY CERRATO 199 BRADFORD STREET BROOKLYN, NEW YORK 11207 TO: PROVIDER DEFENDANTS (VIA SECRETARY OF STATE) ACE MED SUPPLIES INC. 118-35 QUEENS BOULEVARD, SUITE 413 FOREST HILLS, NEW YORK 11375 3 3 of 41 FILED: NASSAU COUNTY CLERK 09/13/2023 11:06 AM INDEX NO. 614797/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/13/2023 ALL CITY FAMILY HEALTHCARE CENTER, INC. ILANA ZYB1N 3632 NOSTRAND AVE BROOKLYN, NEW YORK 11229 BMM LIFE ESSENTIAL SERVICES INC. 6622-11TH AVENUE, SUITE A BROOKLYN, NEW YORK 11219 CENTURION MIDTOWN MEDICAL, PLLC 211 EAST 53RD STREET, SUITE 3K NEW YORK, NEW YORK 10022 CHAYIM MED PRODUCTS CORP. 1701 AVENUE P, SUITE H BROOKLYN, NEW YORK 11229 CHIROPRACTIC EVALUATION SERVICE, P.C. 8416 JAMAICA AVENUE WOODHAVEN, NEW YORK 11421 FAMILY RX CORP 6929 MYRTLE AVENUE GLENDALE, NEW YORK 11385 FIFTH AVENUE SURGERY CENTER, LLC 1049 5TH AVENUE NEW YORK, NEW YORK 10028 FLEX MED SUPPLY INC 96th 8638 ST WOODHAVEN, NEW YORK 11421 GAETAN JEAN MARIE, FAMILY HEALTH NP, PLLC 100 DUFFY AVENUE, SUITE 510 HICKSVILLE, NEW YORK 11801 GET WELL RX INC. 98-50 63RD DRIVE, APARTMENT 5F REGO PARK, NEW YORK 11374 GLOBAL ORTHO, INC. OLENA MALAYDAKH 181 AVENUE S BROOKLYN, NEW YORK 11223 4 4 of 41 FILED: NASSAU COUNTY CLERK 09/13/2023 11:06 AM INDEX NO. 614797/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/13/2023 H. LEVITAN MEDICAL P.C. 301 E. 79TH STREET, APARTMENT 37P NEW YORK, NEW YORK 10075 HEALTH WELLNESS MEDICAL SERVICES PLLC C/O EINBINDER & DUNN, LLP 112 MADISON AVENUE., 8TH AVENUE NEW YORK, NEW YORK 10016 HERSCHEL KOTKES, M.D., P.C. 77 NORTH CENTRE AVENUE, SUITE 208 ROCKVILLE CENTRE, NEW YORK 11570 KAMM MED SUPPLIES INC. 9113 MERRICK BOULEVARD, SUITE A4 QUEENS, NEW YORK 11432 LAKE SHORE CHIROPRACTIC P.C. 581 GRAND AVENUE LINDENHURST, NEW YORK 11757 MEDEX SUPPLIES INC. 1407 CONEY ISLAND AVENUE, 2ND FLOOR BROOKLYN, NEW YORK 11230 MEDICAL MRI P.C. JOHN SHERRY LYONS 101-07 JAMAICA AVENUE RICHMOND HILL, NEW YORK 11418 MEDICUS SUPPLY CORP. 2709 CONEY ISLAND AVENUE, #201 BROOKLYN, NEW YORK 11235 MEDISOURCE MEDICAL INC. 4501 AVE N BROOKLYN, NEW YORK 11234 MULTIWAVE DIAGNOSTICS. INC. 411 THEODORE FREMD AVE, RM 206 SOUTH RYE, NEW YORK 10580 N AND J HOME CARE, INC. 98-51 QUEENS BLVD REGO PARK, NEW YORK 5 5 of 41 FILED: NASSAU COUNTY CLERK 09/13/2023 11:06 AM INDEX NO. 614797/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/13/2023 NEW ARENA PT, P.C. 1045 CHESTNUT STREET VALLEY STREAM, NEW YORK 11580 OPAQUE NY, INC. 626 REXCORP PLAZA, 6TH FLOOR UNIONDALE, NEW YORK 11556 ORTHO CHOICE, INC. ROZA YUSUPOV 86-75 MIDLAND PARKWAY JAMAICA, NEW YORK 11432 PULSE MED SUPPLY CORP. 621 BRIGHTON BEACH AVENUE, 2ND FLOOR BROOKLYN, NEW YORK 11235 RANA UNITED, INC. 601 EAST 18TH STREET, APARTMENT 709 BROOKLYN, NEW YORK 11226 RIDGEWOOD DRUG INC. 1701 MADISON STREET RIDGEWOOD, NEW YORK 11385 ROCKAWAYS ASC DEVELOPMENT, LLC 105-20 ROCKAWAY BEACH BLVD., SUITE 301 ROCKAWAY PARK, NEW YORK 11694 SEDATION VACATION PERIOPERATIVE MEDICINE PLLC 811 WILSON STREET VALLEY STREAM, NEW YORK 11581 STAR MEDICAL IMAGING P.C. JOHN SHERRY LYONS 147 E MERRICK ROAD VALLEY STREAM, NEW YORK 11580 STORY AVE PHARMACY INC D/B/A 99 CENTS AND UP 1903 STORY AVENUE BRONX, NEW YORK 10473 TRIBOROUGH ASC, LLC MICHELMAN & ROBINSON LLP 800 THIRD AVENUE 24TH FL NEW YORK, NEW YORK 10022 6 6 of 41 FILED: NASSAU COUNTY CLERK 09/13/2023 11:06 AM INDEX NO. 614797/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/13/2023 VIOTEK MED SUPPLIES, INC. 63-50 WETHEROLE STREET REGO PARK, NEW YORK 11374 TO: PROVIDER DEFENDANTS DR MANASHEROV MEDICAL PC 100 MERRICK BOULEVARD, SUITE 314W ROCKVILLE CENTRE, NEW YORK 11570 FUTURE CARE INTERNAL MEDICINE 64-05 YELLOWSTONE BOULEVARD, SUITE CF104 FOREST HILLS, NEW YORK 11375 JUAN D DELACRUZ MD 82-17 WOODHAVEN BLVD RIDGEWOOD, NEW YORK 11385 TIMOTHY J HENDERSON, M.D. 3117 BUHRE AVENUE BRONX, NEW YORK 10461 7 7 of 41 FILED: NASSAU COUNTY CLERK 09/13/2023 11:06 AM INDEX NO. 614797/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/13/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ______..-------..----------- _ _ _ _ _ _ ____________Ç PROGRESSIVE CASUALTY INSURANCE COMPANY, VERIFIED COMPLAINT Plaintiff, - against - Index No.: KEVIN S VASQUEZ CHACON AKA KEVIN VASQUEZ CHACON (POLICY NUMBER 952677304), VIVIAN ARITA FUENTES AKA VIVIAN F ARITA FUENTES AKA VIVIAN FUENTES AKA ARITA GISELLE, ADONY CERRATO-VILLADERES AKA ADONY F CERRATO VALLADARES AKA ADONY CERRATO, (collectively, the "Individual Defendants") - and - ACE MED SUPPLIES INC., ALL CITY FAMILY HEALTHCARE CENTER, INC., BMM LIFE ESSENTIAL SERVICES INC., CENTURION MIDTOWN MEDICAL, PLLC, CHAYIM MED PRODUCTS CORP., CHIROPRACTIC EVALUATION SERVICE, P.C., DR MANASHEROV MEDICAL PC, FAMILY RX CORP, FIFTH AVENUE SURGERY CENTER, LLC, FLEX MED SUPPLY INC, FUTURE CARE INTERNAL MEDICINE, GAETAN JEAN MARIE, FAMILY HEALTH NP, PLLC, GET WELL RX INC., GLOBAL ORTHO, INC., H. LEVITAN MEDICAL P.C., HEALTH WELLNESS MEDICAL SERVICES PLLC, HERSCHEL KOTKES, M.D., P.C., JUAN D DELACRUZ MD, KAMM MED SUPPLIES INC., LAKE SHORE CHIROPRACTIC P.C., MEDEX SUPPLIES INC., MEDICAL MRI P.C., MEDICUS SUPPLY CORP., MEDISOURCE MEDICAL INC., MULTIWAVE DIAGNOSTICS. INC., N AND J HOME CARE, INC., NEW ARENA PT, P.C., OPAQUE NY, INC., 8 of 41 FILED: NASSAU COUNTY CLERK 09/13/2023 11:06 AM INDEX NO. 614797/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/13/2023 ORTHO CHOICE, INC., PULSE MED SUPPLY CORP., RANA UNITED, INC., RIDGEWOOD DRUG INC., ROCKAWAYS ASC DEVELOPMENT, LLC, SEDATION VACATION PERIOPERATIVE MEDICINE PLLC, STAR MEDICAL IMAGING P.C., STORY AVE PHARMACY INC D/B/A 99 CENTS AND UP, TIMOTHY J HENDERSON, M.D., TRIBOROUGH ASC, LLC, and VIOTEK MED SUPPLIES, INC., (collectively "Provider Defendants") collectively the Defendants, ..---------..-___________________________Ç COMPLAINT PROGRESSIVE CASUALTY INSURANCE COMPANY (hereinafter, "PROGRESSIVE" or "Plaintiff"), by their attorneys, McCORMACK, MATTEI & HOLLER, for their Veriñed Complaint to obtain judgment declaring the rights and legal relations of the parties to this action, states as follows: L INTRODUCTION 1, This action seeks to terminate an ongoing fraudulent scheme perpetrated against PROGRESSIVE, whereby: (i) individuals operating in the New York metropolitan area approach healthcare goods and services providers who specialize in treating No-Fault patients and - in exchange for cash payments - agree to deliver a stream of No-Fault steady patients to the healthcare providers for treatment; (ii) then, the individuals arrange for themselves and their associates to obtain automobile insurance policies from PROGRESSIVE and other insurers (the "Subject Policies"), typically through false and fraudulent policy applications; "accidents" (iii) then, the individuals and their associates stage automobile involving the vehicles insured under the Subject Policies, in each case involving at least one vehicle insured by PROGRESSIVE; 2 9 of 41 FILED: NASSAU COUNTY CLERK 09/13/2023 11:06 AM INDEX NO. 614797/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/13/2023 victims" - (iv) then, the individuals deliver the purported "accident i.e., individuals "accidents" who agree to ride in the vehicles involved in the intentionally planned - to the healthcare where receive providers, they purportedly "treatment"; victims" (v) then, the healthcare providers refer the purported "accident to other healthcare providers for additional treatment, in exchange for monetary payment; (vi) then, (a) the healthcare providers submit large-scale fraudulent billing to PROGRESSIVE, seeking payment under the New York No-Fault laws for the victims" goods and services they allegedly provide, (b) the purported "accident submit individual claims to PROGRESSIVE seeking first party No-Fault victims" third- Benefits, and (c) the purported "accident assert claims seeking party benefits (i.e. payment for injuries and pain and suffering above the No-Fault threshold) through claims and lawsuits asserted against the PROGRESSIVE Insureds under the Subject Policies; and victims" (vii) both the healthcare providers and the purported "accident systematically fail to respond to PROGRESSIVE's requests for additional verification, including requests that they appear for Examinations Under Oath as required under the Subject Policies and No-Fault laws. 2. Accordingly, PROGRESSIVE seeks a Declaratory Judgment, pursuant to C.P.L.R. § 3001 and C.P.L.R. § 3017(b), declaring that: (i) the alleged motor vehicle incident of October 19, 2022, was not the product of a covered event as defined by the applicable policy of insurance issued by PROGRESSIVE; (ii) the Subject Policy was procured through fraud, and PROGRESSIVE, therefore, is not obligated to pay any claims that arise from the Subject Policy; including, but not limited to, first-party benefits to the healthcare providers or to the named insureds, Property Damage and/or Bodily Injury Coverage Benefits, Mandatory Personal Injury Protection (or "No-Fault Coverage") Benefits, and Supplementary Uninsured/Underinsured Motorist Benefits, nor is PROGRESSIVE obligated to defend the Individual Defendants for claims that are made against them seeking damages and payment under the Subject Policy; (iii) that PROGRESSIVE, by reason of no coverage, is not required to provide a defense and/or indemnification to any of the Defendants named herein who are "insured" operator" purportedly an or an "insured pursuant to those terms as set forth in the instant complaint for declaratory relief, in any current or future proceedings, including, but not limited to, any and all lawsuits or arbitrations 3 10 of 41 FILED: NASSAU COUNTY CLERK 09/13/2023 11:06 AM INDEX NO. 614797/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/13/2023 seeking to recover No-Fault Benefits, any and all lawsuits or arbitrations for Supplementary Uninsured/Underinsured Motorist Benefits, lawsuits seeking damages subject to the Bodily Injury Liability and/or Property Damage Liability Coverage, and third-party lawsuits and arbitrations arising out of the October 19, 2022 incident, inasmuch as the October 19, 2022 incident was not a covered event; (iv) that PROGRESSIVE, by reason of no coverage, is not required to pay any sums, monies, damages, awards and/or benefits to any Defendants named herein, their agents, employees, assignors and/or his/her heirs arising out of any current and future proceedings, including, but not limited to, any and all lawsuits or arbitrations seeking to recover No-Fault Benefits, any and all lawsuits or arbitrations for Supplementary Uninsured/Underinsured Motorist Benefits, any and all lawsuits seeking damages subject to the Bodily Injury Liability and/or Property Damage Liability Coverage, and third-party lawsuits and arbitrations arising out of the October 19, 2022 incident, inasmuch as the October 19, 2022 incident was not a covered event; (v) the pertinent accident was a planned event, not genuine, and PROGRESSIVE, therefore, is not obligated to pay any first-party benefits on the Subject Policy to the healthcare providers or to the named insureds, including, but not limited to, No-Fault Benefits, and Supplementary Uninsured/Underinsured Motorist Benefits, nor is PROGRESSIVE obligated to defend nor indemnify the named insureds or the individuals who operated the insured vehicle for claims that are made against them seeking damages and payment under the Subject Policy, including claims subject to the Bodily Injury Liability and/or Property Damage Liability coverage; and (vi) for such other and further relief as this Court deems just, proper, and equitable. 3. The Defendants fall into the following categories: (i) ACE MED SUPPLIES INC., ALL CITY FAMILY HEALTHCARE CENTER, INC., BMM LIFE ESSENTIAL SERVICES INC., CENTURION MIDTOWN MEDICAL, PLLC, CHAYIM