Preview
FILED: NEW YORK COUNTY CLERK 08/07/2019 12:36 PM INDEX NO. 156988/2019
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/07/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
__
AMERICAN TRANSIT INSURANCE COMPANY,
VERIFIED
Plaintiff
-against -
Index No.:
HEALTH PLUS SURGERY CENTER, LLC,
CITIMED SERVICES, PA, and
BRADLEY WASSERMAN, MD, PLLC
A/0 JIAN-CHENG DANG,
Defendants.
The Defendants, HEALTH PLUS SURGERY CENTER, LLC, and BR
WASSERMAN, MD, PLLC (hereinafter "The Answering Defendants"), by the
Drachman Katz LLP, hereby respectfully answer the Plaintiff's Verified Compl
respectfully allege upon information and belief as follows:
1. Admit.
2. Admit.
3. Admit.
4. Admit.
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FILED: NEW YORK COUNTY CLERK 08/07/2019 12:36 PM INDEX NO. 156988/2019
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/07/2019
$30,443.77 and $20,016.49 respectively.
8. Admit.
9. Admit to the extent that the Master Arbitrator rendered awards affirming
respective lower arbitration.
10. Admit.
11. Admit.
12. Deny having knowledge or information sufficient to form a belief as to
allegation(s) contained in this paragraph of the Plaintiffs Verified Complaint.
13. Deny.
14. Deny.
15. Deny.
16. Deny.
17. Deny.
18. Deny.
19. Deny having knowledge or information sufficient to form a belief as to
allegation(s) contained in this paragraph of the Plaintiffs Verified Complaint.
20. Admit to the extent that the decisions by the arbitrator below were sustai
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FILED: NEW YORK COUNTY CLERK 08/07/2019 12:36 PM INDEX NO. 156988/2019
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/07/2019
That the
Answering Defendants have duly submitted their requests for payme
billed services to Plaintiff in accordance with applicable statutes, ordinances, r
regulations.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
The Answering Defendant and/or its Assignor has met and fully complied
conditions precedent to receiving no-fault benefits under the mandatory person
protection endorsement of the American Transit Insurance Company.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
The Plaintiff was and still is obligated to provide no-fault benefits to Assignor.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
That to date, no part of the billed services has been paid.
AS AND FOR A SIXTH AFFIRMATIV_E DEFENSE
That Plaintiff fails to prove that the services provided by the Answering Defend
inconsistent with generally accepted medical/professional practice.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
Plaintiff's Verified Petition fails to state a proper and valid cause of action i
every cause of action upon which relief may be granted, and is thus fatally defectiv
AS AND FOR A EIGTH AFFIRMATIVE DEFENSE
Plaintiff lacks standing to bring this cause of action.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE
Upon information and belief Plaintiff is barred from making this claim becau
failure to comply with all the insurance laws, rules and regulations.
AS AND FOR A TENTH AFFIRMATIVE DEFENSE
The alleged causes of action are barred by any prior release or settlement.
AS AND FOR 3 Aof ELEVENTH
8 AFFIRMATIVE DEFENSE
FILED: NEW YORK COUNTY CLERK 08/07/2019 12:36 PM INDEX NO. 156988/2019
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/07/2019
AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE
Plaintiff has failed to properly commence this action.
AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE
Plaintiff will be unjustly enriched.
AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE
The Answering Defendant did not deceive or cause to deceive the Plaintiff.
AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE
Plaintiff's damages if
any are the result of its own fraudulent practices.
AS AND FOR A SEVENTEENTH AFFIRMATIVE DEFENSE
The case is barred by the applicable statute of limitations.
AS AND FOR A EIGHTEENTH AFFIRMATIVE DEFENSE
Plaintiff was and is still obligated to provide no-fault benefits to the Answering
and/or its Assignor.
AS AND FOR A N_INETEENTH AFFIRMATIVE DEFENSE
There are prior actions pending relating to the.same nucleus of operative facts.
WHEREFORE, the Answering Defendant respectfully requests judgment as foll
1. Dismissing the Complaint herein and each of its causes of action aga
of them;
2. Awarding them all costs and disbursements of this action; and
3. For such other and further relief as the court may deem just and proper
Dated: Richmond Hill, New York
August 7, 2019
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FILED: NEW YORK COUNTY CLERK 08/07/2019 12:36 PM INDEX NO. 156988/2019
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/07/2019
To: SHORT & BILLY, P.C.
Attorneys for Plaintiff
217 Broadway, Suite 300
New York, New York 10007
(212) 732-3320
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FILED: NEW YORK COUNTY CLERK 08/07/2019 12:36 PM INDEX NO. 156988/2019
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/07/2019
VERIFICATION
The undersigned, an attorney duly admitted to practice law in the Co
of the State of New York, affirms as follows under penalty of perjury:
Affirmant is associated with the law firm of Drachman Katz LLP,
attorney of record for The Answering Defendant. Affirmant has read the annex
Answer and knows the contents thereof. The contents are true to the best
affirmant's knowledge, except as to those matters therein stated to be alleg
upon information and belief. As to those matters, affirmant believes them t
true. The source of affirmant's knowledge and the grounds for belief, as to t
matters therein not stated upon knowledge, are bills, reports, conversations
Answering Defendant's employees, routine business practices, etc.
This Verification is made by deponent instead of said Defendant becau
the Answering Defendant maintains an office and/or reside outside of the Cou
of Nassau where deponent maintains his offices.
Dated: Richmond Hill, New York c
August 7, 2019 achel Esq.
Drachman,
Drachman Katz LLP
115-06 Myrtle Avenue
Richmond Hill, NY 11418
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718-407-2411
FILED: NEW YORK COUNTY CLERK 08/07/2019 12:36 PM INDEX NO. 156988/2019
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/07/2019
AFFIRMATION OF SERVICE VIA NYSECF
Rachel Drachnian, Esq., affirms the
following to be true under the penalties
That I am an attorney at law, admitted to practice in the courts o
State of New York, am not a party to the action, am over the age of eighte
(18) years of age, and reside in the
County ofNassmL State ofNew York.
7th
That on the day of August 1 delivered the within VERIFIED ANSWER to
following:
To: SHORT & BILLY, P.C.
Attorneys for Plaintiff
217 Broadway, Suite 300
New York, New York 10007
(212) 732-3320
by uploading a true and accurate digital copy of same to NYSC
pursuant to
E-Filing Rule 202.5-bb(c)(1), and thereby causing
automatically to be served via NYSCEF on all participating parti
Dated: Richmond Hill, NY
August 7, 2019
Rachel Drachman,
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FILED: NEW YORK COUNTY CLERK 08/07/2019 12:36 PM INDEX NO. 156988/2019
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/07/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
AMERICAN TRANSIT INSURANCE COMPANY,
VERIFIED
Plaintiff
-against -
Index No.:
HEALTH PLUS SURGERY CENTER, LLC,
CITIMED SERVICES, PA, and
BRADLEY WASSERMAN, MD, PLLC
A/0 JIAN-CHENG DANG,
Defendants.
Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice in
State, certifies that, upon infoi iiiatiori and belief and reasonable inquity, the contenti
annexed document are not frivolous.
Dated: August 7, 2019 Signature:
Print Signer's Name: R
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Preview
FILED: NEW YORK COUNTY CLERK 08/07/2019 12:36 PM INDEX NO. 156988/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/07/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK __ AMERICAN TRANSIT INSURANCE COMPANY, VERIFIED Plaintiff -against - Index No.: HEALTH PLUS SURGERY CENTER, LLC, CITIMED SERVICES, PA, and BRADLEY WASSERMAN, MD, PLLC A/0 JIAN-CHENG DANG, Defendants. The Defendants, HEALTH PLUS SURGERY CENTER, LLC, and BR WASSERMAN, MD, PLLC (hereinafter "The Answering Defendants"), by the Drachman Katz LLP, hereby respectfully answer the Plaintiff's Verified Compl respectfully allege upon information and belief as follows: 1. Admit. 2. Admit. 3. Admit. 4. Admit. 1 of 8 FILED: NEW YORK COUNTY CLERK 08/07/2019 12:36 PM INDEX NO. 156988/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/07/2019 $30,443.77 and $20,016.49 respectively. 8. Admit. 9. Admit to the extent that the Master Arbitrator rendered awards affirming respective lower arbitration. 10. Admit. 11. Admit. 12. Deny having knowledge or information sufficient to form a belief as to allegation(s) contained in this paragraph of the Plaintiffs Verified Complaint. 13. Deny. 14. Deny. 15. Deny. 16. Deny. 17. Deny. 18. Deny. 19. Deny having knowledge or information sufficient to form a belief as to allegation(s) contained in this paragraph of the Plaintiffs Verified Complaint. 20. Admit to the extent that the decisions by the arbitrator below were sustai 2 of 8 FILED: NEW YORK COUNTY CLERK 08/07/2019 12:36 PM INDEX NO. 156988/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/07/2019 That the Answering Defendants have duly submitted their requests for payme billed services to Plaintiff in accordance with applicable statutes, ordinances, r regulations. AS AND FOR A THIRD AFFIRMATIVE DEFENSE The Answering Defendant and/or its Assignor has met and fully complied conditions precedent to receiving no-fault benefits under the mandatory person protection endorsement of the American Transit Insurance Company. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE The Plaintiff was and still is obligated to provide no-fault benefits to Assignor. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE That to date, no part of the billed services has been paid. AS AND FOR A SIXTH AFFIRMATIV_E DEFENSE That Plaintiff fails to prove that the services provided by the Answering Defend inconsistent with generally accepted medical/professional practice. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE Plaintiff's Verified Petition fails to state a proper and valid cause of action i every cause of action upon which relief may be granted, and is thus fatally defectiv AS AND FOR A EIGTH AFFIRMATIVE DEFENSE Plaintiff lacks standing to bring this cause of action. AS AND FOR A NINTH AFFIRMATIVE DEFENSE Upon information and belief Plaintiff is barred from making this claim becau failure to comply with all the insurance laws, rules and regulations. AS AND FOR A TENTH AFFIRMATIVE DEFENSE The alleged causes of action are barred by any prior release or settlement. AS AND FOR 3 Aof ELEVENTH 8 AFFIRMATIVE DEFENSE FILED: NEW YORK COUNTY CLERK 08/07/2019 12:36 PM INDEX NO. 156988/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/07/2019 AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE Plaintiff has failed to properly commence this action. AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE Plaintiff will be unjustly enriched. AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE The Answering Defendant did not deceive or cause to deceive the Plaintiff. AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE Plaintiff's damages if any are the result of its own fraudulent practices. AS AND FOR A SEVENTEENTH AFFIRMATIVE DEFENSE The case is barred by the applicable statute of limitations. AS AND FOR A EIGHTEENTH AFFIRMATIVE DEFENSE Plaintiff was and is still obligated to provide no-fault benefits to the Answering and/or its Assignor. AS AND FOR A N_INETEENTH AFFIRMATIVE DEFENSE There are prior actions pending relating to the.same nucleus of operative facts. WHEREFORE, the Answering Defendant respectfully requests judgment as foll 1. Dismissing the Complaint herein and each of its causes of action aga of them; 2. Awarding them all costs and disbursements of this action; and 3. For such other and further relief as the court may deem just and proper Dated: Richmond Hill, New York August 7, 2019 4 of 8 FILED: NEW YORK COUNTY CLERK 08/07/2019 12:36 PM INDEX NO. 156988/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/07/2019 To: SHORT & BILLY, P.C. Attorneys for Plaintiff 217 Broadway, Suite 300 New York, New York 10007 (212) 732-3320 5 of 8 FILED: NEW YORK COUNTY CLERK 08/07/2019 12:36 PM INDEX NO. 156988/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/07/2019 VERIFICATION The undersigned, an attorney duly admitted to practice law in the Co of the State of New York, affirms as follows under penalty of perjury: Affirmant is associated with the law firm of Drachman Katz LLP, attorney of record for The Answering Defendant. Affirmant has read the annex Answer and knows the contents thereof. The contents are true to the best affirmant's knowledge, except as to those matters therein stated to be alleg upon information and belief. As to those matters, affirmant believes them t true. The source of affirmant's knowledge and the grounds for belief, as to t matters therein not stated upon knowledge, are bills, reports, conversations Answering Defendant's employees, routine business practices, etc. This Verification is made by deponent instead of said Defendant becau the Answering Defendant maintains an office and/or reside outside of the Cou of Nassau where deponent maintains his offices. Dated: Richmond Hill, New York c August 7, 2019 achel Esq. Drachman, Drachman Katz LLP 115-06 Myrtle Avenue Richmond Hill, NY 11418 6 of 8 718-407-2411 FILED: NEW YORK COUNTY CLERK 08/07/2019 12:36 PM INDEX NO. 156988/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/07/2019 AFFIRMATION OF SERVICE VIA NYSECF Rachel Drachnian, Esq., affirms the following to be true under the penalties That I am an attorney at law, admitted to practice in the courts o State of New York, am not a party to the action, am over the age of eighte (18) years of age, and reside in the County ofNassmL State ofNew York. 7th That on the day of August 1 delivered the within VERIFIED ANSWER to following: To: SHORT & BILLY, P.C. Attorneys for Plaintiff 217 Broadway, Suite 300 New York, New York 10007 (212) 732-3320 by uploading a true and accurate digital copy of same to NYSC pursuant to E-Filing Rule 202.5-bb(c)(1), and thereby causing automatically to be served via NYSCEF on all participating parti Dated: Richmond Hill, NY August 7, 2019 Rachel Drachman, 7 of 8 FILED: NEW YORK COUNTY CLERK 08/07/2019 12:36 PM INDEX NO. 156988/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/07/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK AMERICAN TRANSIT INSURANCE COMPANY, VERIFIED Plaintiff -against - Index No.: HEALTH PLUS SURGERY CENTER, LLC, CITIMED SERVICES, PA, and BRADLEY WASSERMAN, MD, PLLC A/0 JIAN-CHENG DANG, Defendants. Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice in State, certifies that, upon infoi iiiatiori and belief and reasonable inquity, the contenti annexed document are not frivolous. Dated: August 7, 2019 Signature: Print Signer's Name: R 8 of 8