Preview
FILED: NEW YORK COUNTY CLERK 07/23/2018 11:28 AM INDEX NO. 652678/2018
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/23/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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LIBERTY MUTUAL INSURANCE COMPANY
and LM GENERAL INSURANCE COMPANY, Index No.: 652678/18
Plaintiffs,
-against- ANSWER
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.
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Defendant, MOSHE ZIRKIEV, Pro Se, as and for itsanswer respectfully alleges upon
information and belief as follows:
ANSWERING ALL CAUSES OF ACTION
1. Denies any knowledge or information sufficient to form a belief as to each and every
allegation contained in parãgraphs 1, 4 ,5, 6, 9 through 24, of the Complaint,
2. Answering Defendant DENIES that the jurisdiction and venue contained in paragraph
2 and 3 of the Coniplãint are the correct forum for this matter, as the answering Defendant was
and continues to be a resident of the County of Queens when this action was commenced.
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FILED: NEW YORK COUNTY CLERK 07/23/2018 11:28 AM INDEX NO. 652678/2018
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/23/2018
3. Denies any knowledge or information sufficient to form a belief as to each and every
allegation contained in paragraphs 30 through 33, 35 through 62, of the Complaint, and refers all
questions of law to this honorable Court at the time of trial
4. Upon information and belief, admits to the allegations contained in Paragraph 7, 25
through 29, of plaintiff's Complaint.
5. Admits to the allegations contained in Paragraph 8 of plaintiff's Complaiñt.
6. Denies each and every allegation contained in paragraph 34 of the Complaint.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
7. Plaintiff's complaint fails to state a cause of action
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
8. The Court lacks personal jurisdiction. Venue is improper.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
9. The complaint is barred in whole or in part by laches.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
10. The action is barred by the doctrines of waiver, estoppel and res judicata.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
11. That the plaintiff has not met and fully complied with allconditions precedent to
bringing an action against the defendant.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
12. Plaintiff failed to issue timely and/or proper delay letters.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
13. Plaintiff failed to issue timely and/or proper denials.
AS AND FOR A EIGHTH AFFIRMATIVE DEFENSE
14. Plaintiff's delay letters, denials and EUO scheduling letters are improper, untimely
and defective.
AS AND FOR A NINETH AFFIRMATIVE DEFENSE
15. Defendant's alleged non-compliance to EUOs demanded by Plaintiff was not
established by admissible evidence.
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FILED: NEW YORK COUNTY CLERK 07/23/2018 11:28 AM INDEX NO. 652678/2018
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/23/2018
AS AND FOR A TENTH AFFIRMATIVE DEFENSE
15. Defendant hereby gives notice that Defendant intends to rely upon other affirmative
defenses that may become available or appear during discovery proceedings in this case and
hereby reserve their rights to amend this Answer to assert such defenses.
WHEREFORE, the answering defendant demands judgment dismissing the complaint and
granting costs and disbursements of the action, and demands judgment against Plaintiff, together
with such relief this Court deems just and proper.
Dated: Queens, New York
July 23, 2018
Ph
By:
Moshe Zirkiev,
6730 166 Street
Fresh Meadows NY 11365
Robert J. Spence III,Esq.
BURKE, CONWAY & DILLON
10 Bank Street, Suite 1200
White Plains, NY 10606
914-997-8100
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FILED: NEW YORK COUNTY CLERK 07/23/2018 11:28 AM INDEX NO. 652678/2018
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/23/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
__________________________ .--------------------- -----------------X
LIBERTY MUTUAL INSURANCE COMPANY
and LM GENERAL INSURANCE COMPANY, Index No.: 652678/18
Plaintiffs,
-against-
AFFIDAVIT OF
MOSHE ZIRKIEV RESIDENCE
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.
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STATE OF NEW YORK)
SS:
COUNTY OF QUEENS)
MOSHE ZIRKIEV, being duly affirmed, deposes and says under the penalty of perjury:
166â„¢
1. I am the defendant in this case. I currently reside and have resided at 67-30 Street
in Fresh Meadows, County of Queens, Ne York since before this complaint was filed.
MOSHE Z V
SW RN TO BEFORE ME THIS
DAY OF , 2018
3ub/
DAVID RACHMANOVA
NOTARY PUBLIC
STATE OF NEW YORK
NOTA1(Y PUBLIC QUALIFIED IN QUEENS COUNTY
COMMISSION EXPIRES 12/27/2018
01RA6233485
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