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FILED: QUEENS COUNTY CLERK 05/11/2022 12:08 PM INDEX NO. 701241/2021
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/11/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
___-----___________________..____________..____________________..______Ç
GEICO INSURANCE COMPANY a/s/o CHRISTINA P.
MCARTHUR, Index No: 701241/2021
Plaintiff(s), AFFIRMATION IN SUPPORT
-against-
PAYANO EXPRESS INC. and ANTONIO PEDRO
MARTE,
Defendant(s).
___________________________________________________________..________Ç
JAMI AMARASINGHE, an attorney duly licensed to practice law in the State of
New York, hereby affirms the following statements to be true under the penalties of perjury.
1. I am a member of the law firm of CARMAN, CALLAHAN & INGHAM, LLP.,
attorneys for Plaintiff, GEICO INSURANCE COMPANY a/s/o CHRISTINA P. MCARTHUR,
in the above captioned matter.
2. I submit this Affirmation in support of the within application seeking an Order
pursuant to CPLR §3215 (a) entering a judgment of default as against the Defendants PAYANO
EXPRESS INC. and ANTONIO PEDRO MARTE, together with such other and further relief as
the Court may deem just and proper.
3. Your Affirmant's basis for the facts as contained herein are upon review of the
file maintained in your Affirmant's office.
4. This action seeks to recover Forty-Nine Thousand Eight Hundred Dollars
($49,800.00) for personal injury protection payments arising out of a result of an automobile
accident that occurred on April 17, 2018 due to the negligence of the defendants.
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5. That Geico Insurance Company's policy of insurance was iri full force and effect
on April 17, 2018. As a result of this collision, Plaintiff's CHRISTINA P.
subrogors,
MCARTHUR sustained serious personal injuries as defined by §5102(d) of the insurance laws
for which they received first party no fault benefits from GEICO INSURANCE COMPANY and
for any additional payments that are made as result of this accident pursuant to the automobile
insurance policy maintained by CHRISTINA P. MCARTHUR.
6. Pursuant to §5104(b) of the New York Insurance Law, "in any action by
or on behalf of a covered person, against a non-covered person, where damages for personal
injuries arise out of the use or operation of a motor vehicle or a motorcycle may be recovered, an
insurer that has paid first party benefits on account of such injuries has a right to recoup first
party benefits from the liable non-covered tortfeasor. Defendants PAYANO EXPRESS INC.
and ANTONIO PEDRO MARTE are a non-covered person as defined by §5104(b) of the New
York Insurance Law. Additionally, GEICO INSURANCE COMPANY maintains a statutory
lien against any recovery to the extent of first party benefits paid to CHRISTINA P.
MCARTHUR.
7. Plaintiff commenced this action by filing a Summons and Verified Complaint on
January 19, 2021. Defendant PAYANO EXPRESS INC. was served on February 5, 2021 and
Defendant ANTONIO PEDRO MARTE served on January 29, 2021. Proof of service was filed
with the Clerk's office on June 14, 2021 for Defendant, PAYANO EXPRESS INC. and March 8,
2021 for Defendant, ANTONIO PEDRO MARTE. In compliance with PLR §3215(g)(3), a
copy of the summons and complaint was mailed to the Defendants on June 15, 2021, as such,
more than thirty (30) days have passed and the Defendants PAYANO EXPRESS INC. and
ANTONIO PEDRO MARTE have failed to appear in this matter. A copy of the Summons and
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Endorsed Complaint, along with Affidavit of Service, Non-Military Affidavit for defendant,
Antonio Pedro Marte and affidavit of second mailing is annexed hereto as Exhibit "A".
"B"
8. In accordance with CPLR 3215(f), and annexed hereto as Exhibit is a police
report.
"C"
9. In accordance with CPLR §3215 (f), and annexed hereto as Exhibit
is an Affidavit from Plaintiff, GEICO INSURANCE COMPANY and executed by Corvette
Harris, detailing that the injuries set forth in the Summons and Verified Complaint have been
sustained by the Defendants, that the Defendants are in default, and that the amount due to the
Plaintiffs Forty-Nine Thousand Eight Hundred Dollars ($49,800.00).
"D"
10. Annexed hereto as Exhibit is an Affidavit from Plaintiff's subrogor,
CHRISTINA McARTHUR, detailing that the description of the accident and confirming benefits
received from Geico Insurance Company.
11. As the Defendants PAYANO EXPRESS INC. and REFUGIO LOPEZ
ORDONEZ have failed to appear in the within action, they are in default and Plaintiff is entitled
to a judgment entered on default in accordance with CPLR §3215.
WHEREFORE, it is respectfully requested that this Court issue an Order that the
Defendants BLUE BIRD TRANSPORT USA INC., SHIMONS EXPRESS INC. and ANTONIO
PEDRO MARTE are in default, and directing the Clerk of the Court to enter judgment against
the defendants in the amount of Forty-Nine Thousand Eight Hundred Dollars ($49,800.00),
plus costs and interest from April 17, 2018 and for such other and further relief as this Court may
deem just and proper.
Dated: Farmingdale, New York
May 9, 2022
JA F ARASINGHE, ESQ.
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CERTIFICATION
Jami C. Amarasinghe, Esq. hereby certifies that the word count for the instant
Opposition is as follows, excluding the caption and signature block:
Affirmation in Support: 727
This motion complies with the word count limit set forth in the
Uniform Rules for the Supreme Court and the County Court Section 202.8-b.
J . arasinghe, Esq.
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FILED: QUEENS COUNTY CLERK 05/11/2022 12:08 PM INDEX NO. 701241/2021 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/11/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ___-----___________________..____________..____________________..______Ç GEICO INSURANCE COMPANY a/s/o CHRISTINA P. MCARTHUR, Index No: 701241/2021 Plaintiff(s), AFFIRMATION IN SUPPORT -against- PAYANO EXPRESS INC. and ANTONIO PEDRO MARTE, Defendant(s). ___________________________________________________________..________Ç JAMI AMARASINGHE, an attorney duly licensed to practice law in the State of New York, hereby affirms the following statements to be true under the penalties of perjury. 1. I am a member of the law firm of CARMAN, CALLAHAN & INGHAM, LLP., attorneys for Plaintiff, GEICO INSURANCE COMPANY a/s/o CHRISTINA P. MCARTHUR, in the above captioned matter. 2. I submit this Affirmation in support of the within application seeking an Order pursuant to CPLR §3215 (a) entering a judgment of default as against the Defendants PAYANO EXPRESS INC. and ANTONIO PEDRO MARTE, together with such other and further relief as the Court may deem just and proper. 3. Your Affirmant's basis for the facts as contained herein are upon review of the file maintained in your Affirmant's office. 4. This action seeks to recover Forty-Nine Thousand Eight Hundred Dollars ($49,800.00) for personal injury protection payments arising out of a result of an automobile accident that occurred on April 17, 2018 due to the negligence of the defendants. 1 of 4 FILED: QUEENS COUNTY CLERK 05/11/2022 12:08 PM INDEX NO. 701241/2021 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/11/2022 5. That Geico Insurance Company's policy of insurance was iri full force and effect on April 17, 2018. As a result of this collision, Plaintiff's CHRISTINA P. subrogors, MCARTHUR sustained serious personal injuries as defined by §5102(d) of the insurance laws for which they received first party no fault benefits from GEICO INSURANCE COMPANY and for any additional payments that are made as result of this accident pursuant to the automobile insurance policy maintained by CHRISTINA P. MCARTHUR. 6. Pursuant to §5104(b) of the New York Insurance Law, "in any action by or on behalf of a covered person, against a non-covered person, where damages for personal injuries arise out of the use or operation of a motor vehicle or a motorcycle may be recovered, an insurer that has paid first party benefits on account of such injuries has a right to recoup first party benefits from the liable non-covered tortfeasor. Defendants PAYANO EXPRESS INC. and ANTONIO PEDRO MARTE are a non-covered person as defined by §5104(b) of the New York Insurance Law. Additionally, GEICO INSURANCE COMPANY maintains a statutory lien against any recovery to the extent of first party benefits paid to CHRISTINA P. MCARTHUR. 7. Plaintiff commenced this action by filing a Summons and Verified Complaint on January 19, 2021. Defendant PAYANO EXPRESS INC. was served on February 5, 2021 and Defendant ANTONIO PEDRO MARTE served on January 29, 2021. Proof of service was filed with the Clerk's office on June 14, 2021 for Defendant, PAYANO EXPRESS INC. and March 8, 2021 for Defendant, ANTONIO PEDRO MARTE. In compliance with PLR §3215(g)(3), a copy of the summons and complaint was mailed to the Defendants on June 15, 2021, as such, more than thirty (30) days have passed and the Defendants PAYANO EXPRESS INC. and ANTONIO PEDRO MARTE have failed to appear in this matter. A copy of the Summons and 2 of 4 FILED: QUEENS COUNTY CLERK 05/11/2022 12:08 PM INDEX NO. 701241/2021 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/11/2022 Endorsed Complaint, along with Affidavit of Service, Non-Military Affidavit for defendant, Antonio Pedro Marte and affidavit of second mailing is annexed hereto as Exhibit "A". "B" 8. In accordance with CPLR 3215(f), and annexed hereto as Exhibit is a police report. "C" 9. In accordance with CPLR §3215 (f), and annexed hereto as Exhibit is an Affidavit from Plaintiff, GEICO INSURANCE COMPANY and executed by Corvette Harris, detailing that the injuries set forth in the Summons and Verified Complaint have been sustained by the Defendants, that the Defendants are in default, and that the amount due to the Plaintiffs Forty-Nine Thousand Eight Hundred Dollars ($49,800.00). "D" 10. Annexed hereto as Exhibit is an Affidavit from Plaintiff's subrogor, CHRISTINA McARTHUR, detailing that the description of the accident and confirming benefits received from Geico Insurance Company. 11. As the Defendants PAYANO EXPRESS INC. and REFUGIO LOPEZ ORDONEZ have failed to appear in the within action, they are in default and Plaintiff is entitled to a judgment entered on default in accordance with CPLR §3215. WHEREFORE, it is respectfully requested that this Court issue an Order that the Defendants BLUE BIRD TRANSPORT USA INC., SHIMONS EXPRESS INC. and ANTONIO PEDRO MARTE are in default, and directing the Clerk of the Court to enter judgment against the defendants in the amount of Forty-Nine Thousand Eight Hundred Dollars ($49,800.00), plus costs and interest from April 17, 2018 and for such other and further relief as this Court may deem just and proper. Dated: Farmingdale, New York May 9, 2022 JA F ARASINGHE, ESQ. 3 of 4 FILED: QUEENS COUNTY CLERK 05/11/2022 12:08 PM INDEX NO. 701241/2021 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/11/2022 CERTIFICATION Jami C. Amarasinghe, Esq. hereby certifies that the word count for the instant Opposition is as follows, excluding the caption and signature block: Affirmation in Support: 727 This motion complies with the word count limit set forth in the Uniform Rules for the Supreme Court and the County Court Section 202.8-b. J . arasinghe, Esq. 4 of 4