On December 31, 2019 a
Complaint,Petition
was filed
involving a dispute between
In The Matter Of The Application Of Geico General Insurance Company,
and
Ace American Insurance Co.,
for Special Proceedings - CPLR Article 75
in the District Court of Nassau County.
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FILED: NASSAU COUNTY CLERK 12/31/2019 11:46 AM INDEX NO. 618228/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
------------------------------------------------------------X
IN THE MATTER OF THE APPLICATION OF
GEICO GENERAL INSURANCE COMPANY,
Petitioner, PETITION
-against- INDEX NO.:
ACE AMERICAN INSURANCE CO.,
Respondent.
----------------------------------------------------------X
Petitioner, GEICO GENERAL INSURANCE COMPANY by its attorney,
Anthony Ametrano, Esq., respectfully alleges:
1. At all times relevant hereto, Petitioner is a Foreign Corporation authorized to
do business in the County of Nassau, State of New York .
2. At all times relevant hereto, Respondent is an insurance company authorized
and doing business in the County of Nassau, State of New York.
3. Pursuant to § 5105 of the New York State Insurance Law, the Petitioner
and Respondent arbitrated Petitioner's claims for Personal Injury
Protection payments made under the No-Fault portion of Plaintiff
Subrogor's insurance policy before an Arbitration Forums, Inc. appointed
A"
arbitrator. Please see "Exhibit for a copy of the Arbitration Forums,
Inc., New York PIP Rules, effective October 1, 2012.
4. The subject automobile accident occurred on October 11, 2018, in the City
of Brooklyn, NY.
5. The arbitration hearing was conducted and the arbitrator ruled in favor of
the petitioner and issued an award in the amount of $28,885.08. Attached
"B"
hereto as Exhibit is a copy of said arbitration award.
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FILED: NASSAU COUNTY CLERK 12/31/2019 11:46 AM INDEX NO. 618228/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019
6. The Petitioner and Respondent were notified of said arbitration award when
it was published on October 17, 2019.
7. Petitioner herein respectfully requests that the aforementioned award be
confirmed as a final judgment in this action as the arbitration award remains
unpaid.
8. No prior application for the relief requested herein has been made.
WHEREFORE, petitioner requests that this Honorable Court confirm the
arbitrator's award for the sum of $28,885.08 as a final judgme th in rest thereon from
October 17, 2019, the date of Arbitration decision, and f such oth and further relief as to
this Court may deem just and proper.
Dated: Melville, NY
December 31, 2019
Law Office ofEcky J. Lucyk
By: Anthony Ametrano, Esq.
Attorney for Petitioner (s)
2 Huntington Quadrangle, Suite 2N01
Melville, NY 11747
516-714-7761
File No.: 051581100-0101-012
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FILED: NASSAU COUNTY CLERK 12/31/2019 11:46 AM INDEX NO. 618228/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019
ATTORNEY AFFIRMATION
I certify pursuant to 22 NYCRR 130-1.1(a) that the forego is true to the best of
my knowledge and is not frivolous in nature or content.
Dated: Melville, NY
December 31, 2019
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FILED: NASSAU COUNTY CLERK 12/31/2019 11:46 AM INDEX NO. 618228/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019
VERIFICATION
STATE OF NEW YORK )
COUNTY OF SUFFOLK )SS.:
)
Anthony Ametrano, Esq., an attorney duly authorized to practice in the State of New
York and not a party to this action, does hereby affirm that the following is true under the
penalty of perjury:
That he/she is an attorney at law associated with LAW OFFICE OF RICKY J.
LUCYK, attorney for the Petitioner.
That he/she has read the foregoing PETITION and knows the contents thereof
and that same is true to his/her own knowledge except as to the matters therein stated to be
alleged upon information and belief, and as to those matt he/s e believes it to be true.
Affiant further says that the reason this ve cation is ade b e affiant and t
the PETITIONER is because the said PET IONE is a fo gn corporatio a thorized
to do business in the State.
Anthony Ametrano, Esq.
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Document Filed Date
December 31, 2019
Case Filing Date
December 31, 2019
Category
Special Proceedings - CPLR Article 75
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FILED: NASSAU COUNTY CLERK 12/31/2019 11:46 AM INDEX NO. 618228/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ------------------------------------------------------------X IN THE MATTER OF THE APPLICATION OF GEICO GENERAL INSURANCE COMPANY, Petitioner, PETITION -against- INDEX NO.: ACE AMERICAN INSURANCE CO., Respondent. ----------------------------------------------------------X Petitioner, GEICO GENERAL INSURANCE COMPANY by its attorney, Anthony Ametrano, Esq., respectfully alleges: 1. At all times relevant hereto, Petitioner is a Foreign Corporation authorized to do business in the County of Nassau, State of New York . 2. At all times relevant hereto, Respondent is an insurance company authorized and doing business in the County of Nassau, State of New York. 3. Pursuant to § 5105 of the New York State Insurance Law, the Petitioner and Respondent arbitrated Petitioner's claims for Personal Injury Protection payments made under the No-Fault portion of Plaintiff Subrogor's insurance policy before an Arbitration Forums, Inc. appointed A" arbitrator. Please see "Exhibit for a copy of the Arbitration Forums, Inc., New York PIP Rules, effective October 1, 2012. 4. The subject automobile accident occurred on October 11, 2018, in the City of Brooklyn, NY. 5. The arbitration hearing was conducted and the arbitrator ruled in favor of the petitioner and issued an award in the amount of $28,885.08. Attached "B" hereto as Exhibit is a copy of said arbitration award. 3 1 of 4 FILED: NASSAU COUNTY CLERK 12/31/2019 11:46 AM INDEX NO. 618228/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019 6. The Petitioner and Respondent were notified of said arbitration award when it was published on October 17, 2019. 7. Petitioner herein respectfully requests that the aforementioned award be confirmed as a final judgment in this action as the arbitration award remains unpaid. 8. No prior application for the relief requested herein has been made. WHEREFORE, petitioner requests that this Honorable Court confirm the arbitrator's award for the sum of $28,885.08 as a final judgme th in rest thereon from October 17, 2019, the date of Arbitration decision, and f such oth and further relief as to this Court may deem just and proper. Dated: Melville, NY December 31, 2019 Law Office ofEcky J. Lucyk By: Anthony Ametrano, Esq. Attorney for Petitioner (s) 2 Huntington Quadrangle, Suite 2N01 Melville, NY 11747 516-714-7761 File No.: 051581100-0101-012 4 2 of 4 FILED: NASSAU COUNTY CLERK 12/31/2019 11:46 AM INDEX NO. 618228/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019 ATTORNEY AFFIRMATION I certify pursuant to 22 NYCRR 130-1.1(a) that the forego is true to the best of my knowledge and is not frivolous in nature or content. Dated: Melville, NY December 31, 2019 5 3 of 4 FILED: NASSAU COUNTY CLERK 12/31/2019 11:46 AM INDEX NO. 618228/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019 VERIFICATION STATE OF NEW YORK ) COUNTY OF SUFFOLK )SS.: ) Anthony Ametrano, Esq., an attorney duly authorized to practice in the State of New York and not a party to this action, does hereby affirm that the following is true under the penalty of perjury: That he/she is an attorney at law associated with LAW OFFICE OF RICKY J. LUCYK, attorney for the Petitioner. That he/she has read the foregoing PETITION and knows the contents thereof and that same is true to his/her own knowledge except as to the matters therein stated to be alleged upon information and belief, and as to those matt he/s e believes it to be true. Affiant further says that the reason this ve cation is ade b e affiant and t the PETITIONER is because the said PET IONE is a fo gn corporatio a thorized to do business in the State. Anthony Ametrano, Esq. 6 4 of 4