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  • Liberty Mutual Insurance Company, Lm General Insurance Company v. Moshe Zirkiev, Advanced Recovery Equipment And Supplies Llc, Anesthesia Solutilons 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.Commercial - Insurance document preview
  • Liberty Mutual Insurance Company, Lm General Insurance Company v. Moshe Zirkiev, Advanced Recovery Equipment And Supplies Llc, Anesthesia Solutilons 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.Commercial - Insurance document preview
  • Liberty Mutual Insurance Company, Lm General Insurance Company v. Moshe Zirkiev, Advanced Recovery Equipment And Supplies Llc, Anesthesia Solutilons 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.Commercial - Insurance document preview
  • Liberty Mutual Insurance Company, Lm General Insurance Company v. Moshe Zirkiev, Advanced Recovery Equipment And Supplies Llc, Anesthesia Solutilons 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.Commercial - Insurance document preview
						
                                

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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- 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. ______ ___________________________________________----- --X 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. 1 of 4 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. 2 2 of 4 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 3 3 of 4 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. ------------------------ -- ---------- ----------------------X STATE OF NEW YORK) SS: COUNTY OF QUEENS) MOSHE ZIRKIEV, being duly affirmed, deposes and says under the penalty of perjury: 166™ 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 4 of 4