Preview
FILED: NASSAU COUNTY CLERK 09/26/2023 11:00 AM INDEX NO. 615512/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/26/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
__________________________ _ __________---X
PROGRESSIVE ADVANCED INSURANCE COMPANY,
SUMMONS
Plaintiff,
- against -
Index No.:
DAVON D ROBINSON A/K/A DAVON DARIUS ROBINSON,
DAMARI STEWART, The basis of the
ROBERT HAWKINS, venue designated of
(collectively, the "Individual Defendants") ,s 1 f
business
- and -
C.P.L.R. § 503(A)
BORUKHOV RADIOLOGY PLLC,
BVH DIAGNOSTICS, INC.,
EM MEDICAL SUPPLIES CORP.,
ESCO MEDICAL SUPPLY CORP.,
ETZEM DIAGNOSTICS, INC.,
GORDON C. DAVIS, MEDICAL, P.C.,
JOSEPH A. RAIA, M.D., P.C.,
MEDICAL SUPPLY OF NY SERVICES INC.,
PG PSYCHOLOGICAL SERVICES, P.C., and
WELLNESS REHABILITATION PT P.C.,
(collectively "Provider Defendants")
collectively the Defendants.
-------------------------------------------X
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.
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Dated: Garden City, New York
September 26, 2023
McCORMACK, MATTEI & HOLLER
RA D MAK, ESQ.
Attorneys for Plaintiff
PROGRESSlVE ADVANCED INSURANCE COMPANY NEW YORK
1035 Stewart Avenue, Second & Third Floors
Garden City, New York 11530
(516) 505-0600 Ext. 228
Our File No.: X-6942.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 ADVANCED INSURANCE COMPANY, in addition to the above-named
Defendants.
TO: INDIVIDUAL DEFENDANTS
DAVON D ROBINSON A/K/A DAVON DARIUS ROBINSON
18 WEST MAIN STREET, #6
CANTON, NEW YORK 13617
DAVON D ROBINSON A/K/A DAVON DARIUS ROBINSON
185 WORTMAN AVE, #9D
BROOKLYN, NEW YORK 11207
DAVON D ROBINSON A/K/A DAVON DARIUS ROBINSON
185 WORTMAN AVE
BROOKLYN, NEW YORK 11207
DAMARI STEWART
185 WORTMAN AVE, APT 5H
BROOKLYN, NEW YORK 11207
DAMARI STEWART
185 WORTMAN AVE
BROOKLYN, NEW YORK 11207
ROBERT HAWKINS
185 WORTMAN AVE, APT 3E
BROOKLYN, NEW YORK 11207
2
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TO: PROVIDER DEFENDANTS (VIA NEW YORK SECRETARY OF STATE)
BORUKHOV RADIOLOGY PLLC
138-21 QUEENS BLVD
BRIARWOOD, NEW YORK 11435
BVH DIAGNOSTICS, INC.
73 MARKET STREET, 3RD FL
YONKERS, NEW YORK 10710
EM MEDICAL SUPPLIES CORP.
EDWARD MERTUTA
2955 SHELL RD, STE 5-K
BROOKLYN, NEW YORK 11224
ESCO MEDICAL SUPPLY CORP.
2387 OCEAN AVE APT 4D
BROOKLYN, NEW YORK 11229
ETZEM DIAGNOSTICS, INC.
73 MARKET STREET, 3RD FL
YONKERS, NEW YORK 10710
GORDON C. DAVIS, MEDICAL, P.C.
1611 EAST NEW YORK AVENUE
BROOKLYN, NEW YORK 11212
JOSEPH A. RAIA, M.D., P.C.
9101 4TH AVE
BROOKLYN, NEW YORK 11209
MEDICAL SUPPLY OF NY SERVICES INC.
2250 EAST 4TH STREET APT 3D
BROOKLYN, NEW YORK 11223
PG PSYCHOLOGICAL SERVICES, P.C.
C/O BUSINESS FILINGS INCORPORATED
187 WOLF ROAD, SUITE 101
ALBANY, NEW YORK 12205
WELLNESS REHABILITATION PT P.C.
1725 EMMONS AVE., APT. B16
BROOKLYN, NEW YORK 11235
3
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
____.._______----__________________-------X
PROGRESSIVE ADVANCED INSURANCE COMPANY, VERIFIED
COMPLAINT
Plaintiff,
- against -
Index No.:
DAVON D ROBINSON A/K/A DAVON DARIUS ROBINSON,
DAMARI STEWART,
ROBERT HAWKINS,
(collectively, the "Individual Defendants")
- and -
BORUKHOV RADIOLOGY PLLC,
BVH DIAGNOSTICS, INC.,
EM MEDICAL SUPPLIES CORP.,
ESCO MEDICAL SUPPLY CORP.,
ETZEM DIAGNOSTICS, INC.,
GORDON C. DAVIS, MEDICAL, P.C.,
JOSEPH A. RAIA, M.D., P.C.,
MEDICAL SUPPLY OF NY SERVICES INC.,
PG PSYCHOLOGICAL SERVICES, P.C., and
WELLNESS REHABILITATION PT P.C.,
(collectively "Provider Defendants")
collectively the Defendants,
___-____________________________________---__-------Ç
COMPLAINT
PROGRESSlVE ADVANCED INSURANCE COMPANY (hereinafter,
"PROGRESSIVE"
or "Plaintiff'), by their attorneys, McCORMACK, MATTEI & HOLLER, for
their Verified 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 fiaudulent scheme perpetrated against
PROGRESSIVE, whereby:
(i) individuals operating in the New York metropolitan area approach healthcare
and services providers who specialize in treating No-Fault patients and - in
goods
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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;
victims" -
(iv) then, the individuals deliver the purported "accident ia.., 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 December 12, 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
2
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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
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 December
12, 2022 incident, inasmuch as the December 12, 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 seeking to 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 December 12, 2022
incident, inasmuch as the December 12, 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
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3. The Defendants fall into the following categories:
(i) BORUKHOV RADIOLOGY PLLC, BVH DIAGNOSTICS, INC., EM
MEDICAL SUPPLIES CORP., ESCO MEDICAL SUPPLY CORP., ETZEM
DIAGNOSTICS, INC., GORDON C. DAVIS, MEDICAL, P.C., JOSEPH A.
RAIA, M.D., P.C., MEDICAL SUPPLY OF NY SERVICES INC., PG
PSYCHOLOGICAL SERVICES, P.C., and WELLNESS REHABILITATION PT
P.C., (collectively the "Provider Defendants") are healthcaregoods and services
providers who pay cash to individuals and entities in exchange for patient
referrals.
(ii) DAVON D ROBINSON A/K/A DAVON DARIUS ROBINSON, DAMARI
STEWART, and ROBERT HAWKINS (the "Individual Defendants") are
individuals who - in exchange for - agreed to participate in an
money
intentionally planned accident and then assign their rights to No-Fault Benefits to
the Provider Defendants and/or to bring bodily injury suits.
IL PARTIES
Plaintiff
4. PROGRESSIVE ADVANCED INSURANCE COMPANY is a foreign
corporation authorized to engage in the business of insurance in the State of New York,
maintaining offices in the County of Nassau, State of New York and has transacted business in
the State of New York.
The Individual Defendants
5. Upon information and belief, at all times pertinent herein, the Defendant,
DAVON D ROBINSON A/K/A DAVON DARIUS ROBINSON, was an individual residing in
the County of Kings, State of New York.
6. Upon information and belief, at all times pertinent herein, the Defendant,
DAMARI STEWART, was an individual residing in the County of Ungs, State ofNew York.
7. Upon information and belief, at all times pertinent herein, the Defendant,
ROBERT HAWKINS, was an individual residing in the County of Kings, State of New York.
The Provider Defendants
8. Upon information and belief, at all times pertinent herein, the Defendant,
BORUKHOV RADIOLOGY PLLC, was a domestic professional service limited liability
company organized and existing underthe laws of the State of New York.
4
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9. Upon information and belief, at all times pertinent herein, the Defendant, BVH
DIAGNOSTICS, INC., was a domestic business corporation organized and existing under the
laws of the State of New York.
10. Upon information and belief, at all times pertinent herein, the Defendant, EM
MEDICAL SUPPLIES CORP., was a domestic business corporation organized and existing
under the laws of the State of New York.
11. Upon information and belief, at all times pertinent herein, the Defendant, ESCO
MEDICAL SUPPLY CORP., was a domestic business corporation organized and existing
under the laws of the State of New York.
12. Upon information and belief, at all times pertinent herein, the Defendant,
ETZEM DIAGNOSTICS, INC., was a domestic business corporation organized and existing
under the laws of the State of New York.
13. Upon information and belief, at all times pertinent herein, the Defendant,
GORDON C. DAVIS, MEDICAL, P.C., was a domestic professional service corporation
organized and existing under the laws of the State of New York.
14. Upon information and belief, at all times pertinent herein, the Defendant,
JOSEPH A. RAIA, M.D., P.C., was a domestic professional service corporation organized and
existing under the laws of the State of New York.
15. Upon information and belief, at all times pertinent herein, the Defendant,
MEDICAL SUPPLY OF NY SERVICES INC., was a domestic business corporation
organized and existing under the laws of the State of New York.
16. Upon information and belief, at all times pertinent herein, the Defendant, PG
PSYCHOLOGICAL SERVICES, P.C., was a domestic professional service corporation
organized and existing under the laws of the State of New York.
17. Upon information and belief, at all times pertinent herein, the Defendant,
WELLNESS REHABILITATION PT P.C., was a domestic professional service corporation
organized and existing under the laws of the State of New York.
IH. JURISDICTION AND VENUE
18. This Court has jurisdiction over the Defendants because they reside in the State of
New York, the Subject Policy was issued in the State of New York, and the conduct which forms
the basis for this Declaratory Judgment took place in the State of New York.
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19. Venue is appropriate in Nassau County pursuant to Section 503(a) of the New
York Civil Practice Law and Rules since PROGRESSIVE, and its parent/sister companies,
conduct business in Nassau County and maintain an office within Nassau County.
IV. ALLEGATIONS COMMON TO ALL CAUSES OF ACTION
A. An Overview of the No-Fault Laws
20. PROGRESSIVE underwrites automobile insurance in the State of New York.
21. New York's No-Fault Laws are designed to ensure that injured victims of motor
vehicle accidents
Preview
FILED: NASSAU COUNTY CLERK 09/26/2023 11:00 AM INDEX NO. 615512/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/26/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU __________________________ _ __________---X PROGRESSIVE ADVANCED INSURANCE COMPANY, SUMMONS Plaintiff, - against - Index No.: DAVON D ROBINSON A/K/A DAVON DARIUS ROBINSON, DAMARI STEWART, The basis of the ROBERT HAWKINS, venue designated of (collectively, the "Individual Defendants") ,s 1 f business - and - C.P.L.R. § 503(A) BORUKHOV RADIOLOGY PLLC, BVH DIAGNOSTICS, INC., EM MEDICAL SUPPLIES CORP., ESCO MEDICAL SUPPLY CORP., ETZEM DIAGNOSTICS, INC., GORDON C. DAVIS, MEDICAL, P.C., JOSEPH A. RAIA, M.D., P.C., MEDICAL SUPPLY OF NY SERVICES INC., PG PSYCHOLOGICAL SERVICES, P.C., and WELLNESS REHABILITATION PT P.C., (collectively "Provider Defendants") collectively the Defendants. -------------------------------------------X 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. 1 of 32 FILED: NASSAU COUNTY CLERK 09/26/2023 11:00 AM INDEX NO. 615512/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/26/2023 Dated: Garden City, New York September 26, 2023 McCORMACK, MATTEI & HOLLER RA D MAK, ESQ. Attorneys for Plaintiff PROGRESSlVE ADVANCED INSURANCE COMPANY NEW YORK 1035 Stewart Avenue, Second & Third Floors Garden City, New York 11530 (516) 505-0600 Ext. 228 Our File No.: X-6942.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 ADVANCED INSURANCE COMPANY, in addition to the above-named Defendants. TO: INDIVIDUAL DEFENDANTS DAVON D ROBINSON A/K/A DAVON DARIUS ROBINSON 18 WEST MAIN STREET, #6 CANTON, NEW YORK 13617 DAVON D ROBINSON A/K/A DAVON DARIUS ROBINSON 185 WORTMAN AVE, #9D BROOKLYN, NEW YORK 11207 DAVON D ROBINSON A/K/A DAVON DARIUS ROBINSON 185 WORTMAN AVE BROOKLYN, NEW YORK 11207 DAMARI STEWART 185 WORTMAN AVE, APT 5H BROOKLYN, NEW YORK 11207 DAMARI STEWART 185 WORTMAN AVE BROOKLYN, NEW YORK 11207 ROBERT HAWKINS 185 WORTMAN AVE, APT 3E BROOKLYN, NEW YORK 11207 2 2 of 32 FILED: NASSAU COUNTY CLERK 09/26/2023 11:00 AM INDEX NO. 615512/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/26/2023 TO: PROVIDER DEFENDANTS (VIA NEW YORK SECRETARY OF STATE) BORUKHOV RADIOLOGY PLLC 138-21 QUEENS BLVD BRIARWOOD, NEW YORK 11435 BVH DIAGNOSTICS, INC. 73 MARKET STREET, 3RD FL YONKERS, NEW YORK 10710 EM MEDICAL SUPPLIES CORP. EDWARD MERTUTA 2955 SHELL RD, STE 5-K BROOKLYN, NEW YORK 11224 ESCO MEDICAL SUPPLY CORP. 2387 OCEAN AVE APT 4D BROOKLYN, NEW YORK 11229 ETZEM DIAGNOSTICS, INC. 73 MARKET STREET, 3RD FL YONKERS, NEW YORK 10710 GORDON C. DAVIS, MEDICAL, P.C. 1611 EAST NEW YORK AVENUE BROOKLYN, NEW YORK 11212 JOSEPH A. RAIA, M.D., P.C. 9101 4TH AVE BROOKLYN, NEW YORK 11209 MEDICAL SUPPLY OF NY SERVICES INC. 2250 EAST 4TH STREET APT 3D BROOKLYN, NEW YORK 11223 PG PSYCHOLOGICAL SERVICES, P.C. C/O BUSINESS FILINGS INCORPORATED 187 WOLF ROAD, SUITE 101 ALBANY, NEW YORK 12205 WELLNESS REHABILITATION PT P.C. 1725 EMMONS AVE., APT. B16 BROOKLYN, NEW YORK 11235 3 3 of 32 FILED: NASSAU COUNTY CLERK 09/26/2023 11:00 AM INDEX NO. 615512/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/26/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ____.._______----__________________-------X PROGRESSIVE ADVANCED INSURANCE COMPANY, VERIFIED COMPLAINT Plaintiff, - against - Index No.: DAVON D ROBINSON A/K/A DAVON DARIUS ROBINSON, DAMARI STEWART, ROBERT HAWKINS, (collectively, the "Individual Defendants") - and - BORUKHOV RADIOLOGY PLLC, BVH DIAGNOSTICS, INC., EM MEDICAL SUPPLIES CORP., ESCO MEDICAL SUPPLY CORP., ETZEM DIAGNOSTICS, INC., GORDON C. DAVIS, MEDICAL, P.C., JOSEPH A. RAIA, M.D., P.C., MEDICAL SUPPLY OF NY SERVICES INC., PG PSYCHOLOGICAL SERVICES, P.C., and WELLNESS REHABILITATION PT P.C., (collectively "Provider Defendants") collectively the Defendants, ___-____________________________________---__-------Ç COMPLAINT PROGRESSlVE ADVANCED INSURANCE COMPANY (hereinafter, "PROGRESSIVE" or "Plaintiff'), by their attorneys, McCORMACK, MATTEI & HOLLER, for their Verified 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 fiaudulent scheme perpetrated against PROGRESSIVE, whereby: (i) individuals operating in the New York metropolitan area approach healthcare and services providers who specialize in treating No-Fault patients and - in goods 4 of 32 FILED: NASSAU COUNTY CLERK 09/26/2023 11:00 AM INDEX NO. 615512/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/26/2023 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; victims" - (iv) then, the individuals deliver the purported "accident ia.., 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 December 12, 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 2 5 of 32 FILED: NASSAU COUNTY CLERK 09/26/2023 11:00 AM INDEX NO. 615512/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/26/2023 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 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 December 12, 2022 incident, inasmuch as the December 12, 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 seeking to 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 December 12, 2022 incident, inasmuch as the December 12, 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 6 of 32 FILED: NASSAU COUNTY CLERK 09/26/2023 11:00 AM INDEX NO. 615512/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/26/2023 3. The Defendants fall into the following categories: (i) BORUKHOV RADIOLOGY PLLC, BVH DIAGNOSTICS, INC., EM MEDICAL SUPPLIES CORP., ESCO MEDICAL SUPPLY CORP., ETZEM DIAGNOSTICS, INC., GORDON C. DAVIS, MEDICAL, P.C., JOSEPH A. RAIA, M.D., P.C., MEDICAL SUPPLY OF NY SERVICES INC., PG PSYCHOLOGICAL SERVICES, P.C., and WELLNESS REHABILITATION PT P.C., (collectively the "Provider Defendants") are healthcaregoods and services providers who pay cash to individuals and entities in exchange for patient referrals. (ii) DAVON D ROBINSON A/K/A DAVON DARIUS ROBINSON, DAMARI STEWART, and ROBERT HAWKINS (the "Individual Defendants") are individuals who - in exchange for - agreed to participate in an money intentionally planned accident and then assign their rights to No-Fault Benefits to the Provider Defendants and/or to bring bodily injury suits. IL PARTIES Plaintiff 4. PROGRESSIVE ADVANCED INSURANCE COMPANY is a foreign corporation authorized to engage in the business of insurance in the State of New York, maintaining offices in the County of Nassau, State of New York and has transacted business in the State of New York. The Individual Defendants 5. Upon information and belief, at all times pertinent herein, the Defendant, DAVON D ROBINSON A/K/A DAVON DARIUS ROBINSON, was an individual residing in the County of Kings, State of New York. 6. Upon information and belief, at all times pertinent herein, the Defendant, DAMARI STEWART, was an individual residing in the County of Ungs, State ofNew York. 7. Upon information and belief, at all times pertinent herein, the Defendant, ROBERT HAWKINS, was an individual residing in the County of Kings, State of New York. The Provider Defendants 8. Upon information and belief, at all times pertinent herein, the Defendant, BORUKHOV RADIOLOGY PLLC, was a domestic professional service limited liability company organized and existing underthe laws of the State of New York. 4 7 of 32 FILED: NASSAU COUNTY CLERK 09/26/2023 11:00 AM INDEX NO. 615512/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/26/2023 9. Upon information and belief, at all times pertinent herein, the Defendant, BVH DIAGNOSTICS, INC., was a domestic business corporation organized and existing under the laws of the State of New York. 10. Upon information and belief, at all times pertinent herein, the Defendant, EM MEDICAL SUPPLIES CORP., was a domestic business corporation organized and existing under the laws of the State of New York. 11. Upon information and belief, at all times pertinent herein, the Defendant, ESCO MEDICAL SUPPLY CORP., was a domestic business corporation organized and existing under the laws of the State of New York. 12. Upon information and belief, at all times pertinent herein, the Defendant, ETZEM DIAGNOSTICS, INC., was a domestic business corporation organized and existing under the laws of the State of New York. 13. Upon information and belief, at all times pertinent herein, the Defendant, GORDON C. DAVIS, MEDICAL, P.C., was a domestic professional service corporation organized and existing under the laws of the State of New York. 14. Upon information and belief, at all times pertinent herein, the Defendant, JOSEPH A. RAIA, M.D., P.C., was a domestic professional service corporation organized and existing under the laws of the State of New York. 15. Upon information and belief, at all times pertinent herein, the Defendant, MEDICAL SUPPLY OF NY SERVICES INC., was a domestic business corporation organized and existing under the laws of the State of New York. 16. Upon information and belief, at all times pertinent herein, the Defendant, PG PSYCHOLOGICAL SERVICES, P.C., was a domestic professional service corporation organized and existing under the laws of the State of New York. 17. Upon information and belief, at all times pertinent herein, the Defendant, WELLNESS REHABILITATION PT P.C., was a domestic professional service corporation organized and existing under the laws of the State of New York. IH. JURISDICTION AND VENUE 18. This Court has jurisdiction over the Defendants because they reside in the State of New York, the Subject Policy was issued in the State of New York, and the conduct which forms the basis for this Declaratory Judgment took place in the State of New York. 5 8 of 32 FILED: NASSAU COUNTY CLERK 09/26/2023 11:00 AM INDEX NO. 615512/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/26/2023 19. Venue is appropriate in Nassau County pursuant to Section 503(a) of the New York Civil Practice Law and Rules since PROGRESSIVE, and its parent/sister companies, conduct business in Nassau County and maintain an office within Nassau County. IV. ALLEGATIONS COMMON TO ALL CAUSES OF ACTION A. An Overview of the No-Fault Laws 20. PROGRESSIVE underwrites automobile insurance in the State of New York. 21. New York's No-Fault Laws are designed to ensure that injured victims of motor vehicle accidents