Preview
FILED: NASSAU COUNTY CLERK 06/13/2024 12:39 PM INDEX NO. 610321/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
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AMERICAN TRANSIT INSURANCE COMPANY,
SUMMONS
Plaintiff,
Index #
-against-
PHYSICAL THERAPY LINK PC a/a/o NINA BUZZETTA,
Defendant.
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YOU ARE HEREBY SUMMONED, and required to appear in the Supreme Court of
the state of New York, County of Nassau, at the office of the Clerk of the said Court at 100
Supreme Court Drive, Mineola, New York 11501 in the County of Nassau, State of New York, by
serving an answer to the annexed Complaint/Petition upon Plaintiff’s attorney, at the address stated
below, within 30 dates 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, judgement will
be taken against you by default for the relief demanded in the complaint.
The basis of the venue designated in that the Plaintiff does business in Nassau County.
Dated: Melville, New York
June 12, 2024
TO: Law Office of Olga Sklyut P.C.
Yours, etc.,
734 Franklin Avenue, #2806
Garden City, NY 11530
BRUNO, GERBINO, SORIANO & AITKEN, LLP
Vincent F. Gerbino
By: _____________________________
VINCENT F. GERBINO
Attorneys for Plaintiff
445 Broad Hollow Road, Suite 420
Melville, NY 11747-3601
(631) 390-0010
Our File # DN110-3074
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
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AMERICAN TRANSIT INSURANCE COMPANY,
Plaintiff, COMPLAINT/ PETITION
-against- Index #
PHYSICAL THERAPY LINK PC a/a/o NINA BUZZETTA,
Defendant.
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Plaintiff, AMERICAN TRANSIT INSURANCE COMPANY by its attorneys, BRUNO,
GERBINO, SORIANO & AITKEN, LLP, as and for its Complaint of the Defendants herein, hereby
alleges as follows:
PRELIMINARY STATEMENT
1. This proceeding is brought pursuant to CPLR § 7511, Insurance Law § 5106(c) and
11 NYCRR § 65-4.10 (h) (l) (ii) for a De Novo review of the above captioned matter.
PARTIES AND VENUE
2. Plaintiff was and still is a subsidiary of American T. Inc., a corporation formed under
the laws of the State of New York, which is doing business in the County of Nassau, State of New
York.
3. Upon information and belief, the Defendant, PHYSICAL THERAPY LINK PC is a
New York domestic professional service corporation authorized to do business in the State of New
York, County of Richmond.
4. This is an action to adjudicate a no-fault dispute De Novo pursuant to Insurance Law
§ 5106. This court has jurisdiction because the injured party assignor is a resident of New York, the
insurance policy providing coverage for treatment provided was issued in New York, the
arbitrations took place in New York and the accident occurred in New York.
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BACKGROUND
5. Prior to the occurrence, which forms the basis of this dispute Nina Buzzetta was
allegedly injured and made a claim against a policy of insurance issued by Plaintiff, AMERICAN
TRANSIT INSURANCE COMPANY.
6. Following the inception of the insurance policy, an accident occurred and Nina
Buzzetta allegedly sustained injuries.
7. This claim arises out of the disposition for a medical treatment between September
14, 2022 through May 19, 2023 on Nina Buzzetta who was involved in a motor vehicle accident
which occurred on July 27, 2022. The plaintiff denied the claim.
PROCEDURAL HISTORY
8. This cause of action is an action to adjudicate No-Fault benefits by Trial De-Novo
pursuant to Insurance Law § 5106(c).
9. The Defendants filed an arbitration hearing which was held on February 28, 2024,
before the No-Fault Arbitrator Bryan Hiller.
10. The plaintiff denied the claim for dates of service on December 21, 2022 to May 19,
2023 based on the Independent Medical Examination of Dr. Aruna Senevirante on November 30,
2022 with an effective cut-off date of December 21, 2022.
11. In an award dated March 5, 2024, Arbitrator Hiller awarded the
Respondent/defendant $12,085.16. (Exhibit A).
12. Master Arbitrator, Robert Trestman, upheld the lower arbitrators award. (Exhibit B).
13. The AAA case number is 99-23-1316-3442.
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CLAIM FOR RELIEF
AS AND FOR FIRST CAUSE OF ACTION
(DE NOVO REVIEW)
14. The plaintiff repeats, reiterates and re-alleges the allegations set forth in paragraph
numbered 1 to 13 of this Complaint with the same force and effect as if set forth fully herein.
15. By virtue of the fact that the amount in dispute at arbitration is in excess of
$5,0000.00 De Novo Review of this matter is appropriate and necessary.
WHEREFORE, Plaintiff demands judgment against the defendant herein; that this Court
adjudicated the no-fault dispute De Novo and hold that the Plaintiff is not liable to the defendant for
no-fault benefits; and for such other further relief the Court may deem just together with costs and
disbursements of this action.
Dated: Melville, New York
June 12, 2024
TO: Law Office of Olga Sklyut P.C.
Yours, etc.,
734 Franklin Avenue, #2806
Garden City, NY 11530
BRUNO, GERBINO, SORIANO & AITKEN, LLP
Vincent F. Gerbino
By:_________________________________
VINCENT F. GERBINO, Esq.
Attorneys for Plaintiff
445 Broad Hollow Road, Suite 420
Melville, NY 11747-3601
(631) 390-0010
Our File # DN110-3074
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STATE OF NEW YORK: COUNTY OF NASSAU
VINCENT F. GERBINO, Esq., an attorney admitted to practice in the Courts of the
State of New York, affirms that the following statements are true under penalties of perjury:
Affirmant is the attorney of record for the Plaintiff, AMERICAN TRANSIT
INSURANCE COMPANY, a foreign corporation in the within action, affirmant has read the
foregoing SUMMONS AND COMPLAINT/PETITION, knows the contents thereof, and that the
same is true to affirmant's own knowledge, except as to the matters therein stated to be alleged upon
information and belief, and that those matters affirmant believes it to be true. This verification is
made pursuant to CPLR §3020(d)3.
Dated: Melville, New York
June 10, 2024
Vincent F. Gerbino
___________________________________
VINCENT F. GERBINO
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Preview
FILED: NASSAU COUNTY CLERK 06/13/2024 12:39 PM INDEX NO. 610321/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ----------------------------------------------------------------------------X AMERICAN TRANSIT INSURANCE COMPANY, SUMMONS Plaintiff, Index # -against- PHYSICAL THERAPY LINK PC a/a/o NINA BUZZETTA, Defendant. ----------------------------------------------------------------------------X YOU ARE HEREBY SUMMONED, and required to appear in the Supreme Court of the state of New York, County of Nassau, at the office of the Clerk of the said Court at 100 Supreme Court Drive, Mineola, New York 11501 in the County of Nassau, State of New York, by serving an answer to the annexed Complaint/Petition upon Plaintiff’s attorney, at the address stated below, within 30 dates 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, judgement will be taken against you by default for the relief demanded in the complaint. The basis of the venue designated in that the Plaintiff does business in Nassau County. Dated: Melville, New York June 12, 2024 TO: Law Office of Olga Sklyut P.C. Yours, etc., 734 Franklin Avenue, #2806 Garden City, NY 11530 BRUNO, GERBINO, SORIANO & AITKEN, LLP Vincent F. Gerbino By: _____________________________ VINCENT F. GERBINO Attorneys for Plaintiff 445 Broad Hollow Road, Suite 420 Melville, NY 11747-3601 (631) 390-0010 Our File # DN110-3074 1 of 5 FILED: NASSAU COUNTY CLERK 06/13/2024 12:39 PM INDEX NO. 610321/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ----------------------------------------------------------------------------X AMERICAN TRANSIT INSURANCE COMPANY, Plaintiff, COMPLAINT/ PETITION -against- Index # PHYSICAL THERAPY LINK PC a/a/o NINA BUZZETTA, Defendant. ----------------------------------------------------------------------------X Plaintiff, AMERICAN TRANSIT INSURANCE COMPANY by its attorneys, BRUNO, GERBINO, SORIANO & AITKEN, LLP, as and for its Complaint of the Defendants herein, hereby alleges as follows: PRELIMINARY STATEMENT 1. This proceeding is brought pursuant to CPLR § 7511, Insurance Law § 5106(c) and 11 NYCRR § 65-4.10 (h) (l) (ii) for a De Novo review of the above captioned matter. PARTIES AND VENUE 2. Plaintiff was and still is a subsidiary of American T. Inc., a corporation formed under the laws of the State of New York, which is doing business in the County of Nassau, State of New York. 3. Upon information and belief, the Defendant, PHYSICAL THERAPY LINK PC is a New York domestic professional service corporation authorized to do business in the State of New York, County of Richmond. 4. This is an action to adjudicate a no-fault dispute De Novo pursuant to Insurance Law § 5106. This court has jurisdiction because the injured party assignor is a resident of New York, the insurance policy providing coverage for treatment provided was issued in New York, the arbitrations took place in New York and the accident occurred in New York. 2 of 5 FILED: NASSAU COUNTY CLERK 06/13/2024 12:39 PM INDEX NO. 610321/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 BACKGROUND 5. Prior to the occurrence, which forms the basis of this dispute Nina Buzzetta was allegedly injured and made a claim against a policy of insurance issued by Plaintiff, AMERICAN TRANSIT INSURANCE COMPANY. 6. Following the inception of the insurance policy, an accident occurred and Nina Buzzetta allegedly sustained injuries. 7. This claim arises out of the disposition for a medical treatment between September 14, 2022 through May 19, 2023 on Nina Buzzetta who was involved in a motor vehicle accident which occurred on July 27, 2022. The plaintiff denied the claim. PROCEDURAL HISTORY 8. This cause of action is an action to adjudicate No-Fault benefits by Trial De-Novo pursuant to Insurance Law § 5106(c). 9. The Defendants filed an arbitration hearing which was held on February 28, 2024, before the No-Fault Arbitrator Bryan Hiller. 10. The plaintiff denied the claim for dates of service on December 21, 2022 to May 19, 2023 based on the Independent Medical Examination of Dr. Aruna Senevirante on November 30, 2022 with an effective cut-off date of December 21, 2022. 11. In an award dated March 5, 2024, Arbitrator Hiller awarded the Respondent/defendant $12,085.16. (Exhibit A). 12. Master Arbitrator, Robert Trestman, upheld the lower arbitrators award. (Exhibit B). 13. The AAA case number is 99-23-1316-3442. 3 of 5 FILED: NASSAU COUNTY CLERK 06/13/2024 12:39 PM INDEX NO. 610321/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 CLAIM FOR RELIEF AS AND FOR FIRST CAUSE OF ACTION (DE NOVO REVIEW) 14. The plaintiff repeats, reiterates and re-alleges the allegations set forth in paragraph numbered 1 to 13 of this Complaint with the same force and effect as if set forth fully herein. 15. By virtue of the fact that the amount in dispute at arbitration is in excess of $5,0000.00 De Novo Review of this matter is appropriate and necessary. WHEREFORE, Plaintiff demands judgment against the defendant herein; that this Court adjudicated the no-fault dispute De Novo and hold that the Plaintiff is not liable to the defendant for no-fault benefits; and for such other further relief the Court may deem just together with costs and disbursements of this action. Dated: Melville, New York June 12, 2024 TO: Law Office of Olga Sklyut P.C. Yours, etc., 734 Franklin Avenue, #2806 Garden City, NY 11530 BRUNO, GERBINO, SORIANO & AITKEN, LLP Vincent F. Gerbino By:_________________________________ VINCENT F. GERBINO, Esq. Attorneys for Plaintiff 445 Broad Hollow Road, Suite 420 Melville, NY 11747-3601 (631) 390-0010 Our File # DN110-3074 4 of 5 FILED: NASSAU COUNTY CLERK 06/13/2024 12:39 PM INDEX NO. 610321/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 STATE OF NEW YORK: COUNTY OF NASSAU VINCENT F. GERBINO, Esq., an attorney admitted to practice in the Courts of the State of New York, affirms that the following statements are true under penalties of perjury: Affirmant is the attorney of record for the Plaintiff, AMERICAN TRANSIT INSURANCE COMPANY, a foreign corporation in the within action, affirmant has read the foregoing SUMMONS AND COMPLAINT/PETITION, knows the contents thereof, and that the same is true to affirmant's own knowledge, except as to the matters therein stated to be alleged upon information and belief, and that those matters affirmant believes it to be true. This verification is made pursuant to CPLR §3020(d)3. Dated: Melville, New York June 10, 2024 Vincent F. Gerbino ___________________________________ VINCENT F. GERBINO 5 of 5