On March 26, 2018 a
Motion,Ex Parte
was filed
involving a dispute between
Liberty Mutual Insurance Company,
Lm General Insurance Company,
and
Advanced Recovery Equipment And Supplies Llc,
Anesthesia Solutilons P.C.,
Barry Dublin Md,
Mlj Chiropractic P.C.,
Moshe Zirkiev,
Orthocaretech Inc.,
Protechmed Inc.,
Quality Orthopedics And Complete Joint Care P.C.,
Quest Diagnostics Incorporated,
Right Hand Medical Assist L.L.C.,
Robert Malakov, Physician, P.C.,
Roxbury Anesthesia, Llc,
Southwest Nassau Radiology, P.C.,
Stillwell Chiropractic P.C.,
Surgicore Of New Jersey City, Llc,
Valuecare Pharmacy Inc.,
Virginia Ferrigno, Lmt.,
for Commercial - Insurance
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 08/09/2018 04:30 PM INDEX NO. 652678/2018
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/09/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
X
----------------------------------------------------------X
LIBERTY MUTUAL INSURANCE COMPANY
and LM GENERAL INSURANCE COMPANY,
Plaintiff, Index No. 652678/18
NOTICE OF MOTION
-against-
MOSHE ZIRKIEV
Defendant,"
"Individual
-and-
ADVANCED RECOVERY EQUIPMENT AND
SUPPLIES LLC,
ANESTHESIA SOLUTIONS P.C.,
BARRY DUBLIN MD,
MLJ CHIROPRACTIC P.C.,
ORTHOCARETECH INC.,
PROTECHMED INC,
QUALITY ORTHOPEDICS AND COMPLETE
JOINT CARE P.C.,
QUEST DIAGNOSTICS INCORPORATED,
RIGHT HAND MEDICAL ASSIST L.L.C.,
ROBERT MALAKOV, PHYSICIAN, P.C.,
ROXBURY ANESTHESIA, LLC,
SOUTHWEST NASSAU RADIOLOGY, P.C.,
STILLWELL CHIROPRACTIC P.C.,
SURGICORE OF NEW JERSEY CITY, LLC.,
VALUECARE PHARMACY INC.,
VIRGINIA FERRIGNO, LMT,
Defendants"
"Medical Provider
collectively, the Defendants.
Defendants,
---------------------------------------------------------- X
PLEASE TAKE NOTICE, that upon the annexed affirmation of Steve Gitelis,
Esq., duly affirmed on August 9, 2018, together with the exhibits annexed thereto, and
upon all the pleadings and proceedings heretofore had herein, the undersigned will move
this in Room 130, at the New York County Courthouse located at 60 Centre Street, New
York, New York on August 31, 2018, at 9:30 am, or soon thereafter as counsel can be
1 of 2
FILED: NEW YORK COUNTY CLERK 08/09/2018 04:30 PM INDEX NO. 652678/2018
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/09/2018
Defendants'
heard for an Order granting Motion to Change Venue to Queens Supreme
Court pursuant to CPLR §§ 510(1) and 511, together with such other and further relief as to
this Court seems just and proper.
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR 2214(b),
answering Affidavits, if any, are required to be served upon the undersigned at least seven
(7) days before the return date of this motion.
Dated: Brooklyn, New York
August 9, 2018
STEVE GI ELIS, ESQ
Gitelis Law Firm, P.C.
Attorney for Defendants
MLJ CHIROPRACTIC P.C. and
ROBERT MALAKOV PHYSICIAN,
P.C.,
2004 Coney Island Avenue
Brooklyn, New York 11223
718-871-5070
Robert J. Spence Ill,Esq.
BURKE, CONWAY & DILLON
Attorneys for Plaintiffs
LIBERTY MUTUAL INSURANCE
COMPANYandLMGENERAL
INSURANCE COMPANY
10 Bank Street, Suite 1200
White Plains, NY 10606
914-997-8100
2 of 2
Preview
FILED: NEW YORK COUNTY CLERK 08/09/2018 04:30 PM INDEX NO. 652678/2018 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/09/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X ----------------------------------------------------------X LIBERTY MUTUAL INSURANCE COMPANY and LM GENERAL INSURANCE COMPANY, Plaintiff, Index No. 652678/18 NOTICE OF MOTION -against- MOSHE ZIRKIEV Defendant," "Individual -and- ADVANCED RECOVERY EQUIPMENT AND SUPPLIES LLC, ANESTHESIA SOLUTIONS P.C., BARRY DUBLIN MD, MLJ CHIROPRACTIC P.C., ORTHOCARETECH INC., PROTECHMED INC, QUALITY ORTHOPEDICS AND COMPLETE JOINT CARE P.C., QUEST DIAGNOSTICS INCORPORATED, RIGHT HAND MEDICAL ASSIST L.L.C., ROBERT MALAKOV, PHYSICIAN, P.C., ROXBURY ANESTHESIA, LLC, SOUTHWEST NASSAU RADIOLOGY, P.C., STILLWELL CHIROPRACTIC P.C., SURGICORE OF NEW JERSEY CITY, LLC., VALUECARE PHARMACY INC., VIRGINIA FERRIGNO, LMT, Defendants" "Medical Provider collectively, the Defendants. Defendants, ---------------------------------------------------------- X PLEASE TAKE NOTICE, that upon the annexed affirmation of Steve Gitelis, Esq., duly affirmed on August 9, 2018, together with the exhibits annexed thereto, and upon all the pleadings and proceedings heretofore had herein, the undersigned will move this in Room 130, at the New York County Courthouse located at 60 Centre Street, New York, New York on August 31, 2018, at 9:30 am, or soon thereafter as counsel can be 1 of 2 FILED: NEW YORK COUNTY CLERK 08/09/2018 04:30 PM INDEX NO. 652678/2018 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/09/2018 Defendants' heard for an Order granting Motion to Change Venue to Queens Supreme Court pursuant to CPLR §§ 510(1) and 511, together with such other and further relief as to this Court seems just and proper. PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR 2214(b), answering Affidavits, if any, are required to be served upon the undersigned at least seven (7) days before the return date of this motion. Dated: Brooklyn, New York August 9, 2018 STEVE GI ELIS, ESQ Gitelis Law Firm, P.C. Attorney for Defendants MLJ CHIROPRACTIC P.C. and ROBERT MALAKOV PHYSICIAN, P.C., 2004 Coney Island Avenue Brooklyn, New York 11223 718-871-5070 Robert J. Spence Ill,Esq. BURKE, CONWAY & DILLON Attorneys for Plaintiffs LIBERTY MUTUAL INSURANCE COMPANYandLMGENERAL INSURANCE COMPANY 10 Bank Street, Suite 1200 White Plains, NY 10606 914-997-8100 2 of 2