On March 26, 2018 a
Stipulation,Agreement
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.
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FILED: NEW YORK COUNTY CLERK 02/21/2020 01:03 PM INDEX NO. 652678/2018
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 02/21/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
---------------------------------------------x
LIBERTY MUTUAL INSURANCE COMPANY
and LM GENERAL INSURANCE COMPANY,
Plaintiffs
-against -
MOSHE ZIRKIEV STIPULATION OF
Defendant,"
"Individual DISCONTINUANCE AS TO
QUEST DIAGNOSTICS
-and- ONLY
INCORPORATED,
ADVANCED RECOVERY EQUIPMENT AND
SUPPLIES LLC, Index No.: 652678/2018
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.
IT IS HEREBY STIPULATED AND AGREED by and between the attorneys
for the Plaintiffs herein and the Defendant QUEST DIAGNOSTICS
INCORPORATED, thisDefendant only, that:
The within action is hereby discontinued as against QUEST DIAGNOSTICS
INCORPORATED only, with prejudice and without further costs to either party, and Defendant
QUEST DIAGNOSTICS INCORPORATED, hereby stipulates and agrees that it hereby
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FILED: NEW YORK COUNTY CLERK 02/21/2020 01:03 PM INDEX NO. 652678/2018
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 02/21/2020
withdraws the bill for $177.94 that was submitted to Plaintiffs for services provided to Moshe
Zirkiev, as referenced in the Complaint for this action. Plaintiffs release QUEST DIAGNOSTICS
INCORPORATED from any further with
liability regard to the allegations in the Complaint based
on the withdrawal of the above-mentioned bills by QUEST DIAGNOSTICS
INCORPORATED. Should there have been any prior billsthat were paid initially,in arbitration or
litigation to QUEST DIAGNOSTICS INCORPORATED, or resolved or settled or decided in
arbitration in any way, with Plaintiffs having already paid QUEST DIAGNOSTICS
INCORPORATED. Plaintiffs will not seek to collect what has already been paid to QUEST
DIAGNOSTICS INCORPORATED and waives the right to seek such payment back from
QUEST DIAGNOSTICS INCORPORATED and the same is hereby discontinued with
prejudice and without costs to either party as against the other. This stipulation may be filed
without further notice with the Clerk of the Court.
Dated: White Plains, New York
January 31, 2020
Erin Grover, Esq.
Burke, Conway & Dillon
Attorneys for Plaintiffs Attorneys for Defendant
Liberty Mutual, et al Quest Diagnostics
10 Bank Street, Suite 1200 500 Plaza Drive
White Plains,NY 10606 Secaucus, New Jersey 07094
2 of 2
Document Filed Date
February 21, 2020
Case Filing Date
March 26, 2018
Category
Commercial - Insurance
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FILED: NEW YORK COUNTY CLERK 02/21/2020 01:03 PM INDEX NO. 652678/2018 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 02/21/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------x LIBERTY MUTUAL INSURANCE COMPANY and LM GENERAL INSURANCE COMPANY, Plaintiffs -against - MOSHE ZIRKIEV STIPULATION OF Defendant," "Individual DISCONTINUANCE AS TO QUEST DIAGNOSTICS -and- ONLY INCORPORATED, ADVANCED RECOVERY EQUIPMENT AND SUPPLIES LLC, Index No.: 652678/2018 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. IT IS HEREBY STIPULATED AND AGREED by and between the attorneys for the Plaintiffs herein and the Defendant QUEST DIAGNOSTICS INCORPORATED, thisDefendant only, that: The within action is hereby discontinued as against QUEST DIAGNOSTICS INCORPORATED only, with prejudice and without further costs to either party, and Defendant QUEST DIAGNOSTICS INCORPORATED, hereby stipulates and agrees that it hereby 1 of 2 FILED: NEW YORK COUNTY CLERK 02/21/2020 01:03 PM INDEX NO. 652678/2018 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 02/21/2020 withdraws the bill for $177.94 that was submitted to Plaintiffs for services provided to Moshe Zirkiev, as referenced in the Complaint for this action. Plaintiffs release QUEST DIAGNOSTICS INCORPORATED from any further with liability regard to the allegations in the Complaint based on the withdrawal of the above-mentioned bills by QUEST DIAGNOSTICS INCORPORATED. Should there have been any prior billsthat were paid initially,in arbitration or litigation to QUEST DIAGNOSTICS INCORPORATED, or resolved or settled or decided in arbitration in any way, with Plaintiffs having already paid QUEST DIAGNOSTICS INCORPORATED. Plaintiffs will not seek to collect what has already been paid to QUEST DIAGNOSTICS INCORPORATED and waives the right to seek such payment back from QUEST DIAGNOSTICS INCORPORATED and the same is hereby discontinued with prejudice and without costs to either party as against the other. This stipulation may be filed without further notice with the Clerk of the Court. Dated: White Plains, New York January 31, 2020 Erin Grover, Esq. Burke, Conway & Dillon Attorneys for Plaintiffs Attorneys for Defendant Liberty Mutual, et al Quest Diagnostics 10 Bank Street, Suite 1200 500 Plaza Drive White Plains,NY 10606 Secaucus, New Jersey 07094 2 of 2