On July 17, 2019 a
Motion-Secondary
was filed
involving a dispute between
Liberty Mutual Insurance Company,
Lm General Insurance Company,
and
Acutus Rx, Llc,
Ak Global Supply Corp.,
Amro Care Pt, P.C.,
Ava Custom Supply Inc.,
Citimedical I, Pllc,
Harbor Medical Group Pc,
Kendon Thomas,
Lawrence Chiropractic Diagnostic Services,
Mauro Chiropractic P.C.,
Metro Pain Specialists Professional Corporation,
North Shore Home Care Services, Inc.,
Opus Psychological Services P.C.,
Prospect Chiropractic Pllc,
Si Acupuncture, Pc,
in the District Court of New York County.
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FILED: NEW YORK COUNTY CLERK 11/13/2019 10:44 AM INDEX NO. 654092/2019
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 11/13/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-------------------------------------------------------------------x
LIBERTY MUTUAL INSURANCE COMPANY
and LM GENERAL INSURANCE COMPANY,
Plaintiffs PLAINTIFFS’ REPLY TO
ANSWER WITH
-against - COUNTERCLAIM OF AK
GLOBAL SUPPLY CORP.
KENDON THOMAS,
"Individual Defendant" Index #: 654092/2019
-and-
AMRO CARE PT, P.C.,
LAWRENCE CHIROPRACTIC DIAGNOSTIC SERVICES, P.C.,
NORTH SHORE HOME CARE SERVICES, INC.,
AVA CUSTOM SUPPLY INC.,
OPUS PSYCHOLOGICAL SERVICES P.C.,
SI ACUPUNCTURE, PC.,
METRO PAIN SPECIALISTS PROFESSIONAL CORPORATION,
PROSPECT CHIROPRACTIC PLLC,
CITIMEDICAL I, PLLC,
MAURO CHIROPRACTIC P.C.,
HARBOR MEDICAL GROUP PC,
ACUTUS RX, LLC,
AK GLOBAL SUPPLY CORP,
"Medical Provider Defendants"
collectively, the Defendants.
--------------------------------------------------------------------x
Plaintiffs, LIBERTY MUTUAL INSURANCE COMPANY and LM GENERAL
INSURANCE COMPANY, appearing by BURKE, CONWAY & STIEFELD, their attorneys,
answering the Counterclaim of the Defendant AK GLOBAL SUPPLY CORP. herein, state as
follows:
AS AND FOR A REPLY TO THE FIRST COUNTERCLAIM
1. Plaintiffs deny knowledge or information sufficient to form a belief as to the
truthfulness of the allegations contained in Paragraph 1 of the First Counterclaim of AK GLOBAL
SUPPLY CORP., and refer all questions of law to the Court.
2. Plaintiffs admit that they commenced the instant declaratory judgment action in the
Supreme Court of the State of New York, Count of New York, against Answering Defendant.
1
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FILED: NEW YORK COUNTY CLERK 11/13/2019 10:44 AM INDEX NO. 654092/2019
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 11/13/2019
Plaintiffs deny the remaining allegations contained in Paragraph 2 of the First Counterclaim, and
refer all questions of law to the Court.
3. Plaintiffs deny the allegations contained in Paragraph 3 of the First Counterclaim,
and demand strict proof thereof.
4. To the extent that Paragraph 4 requires a reply, Plaintiffs deny knowledge or
information sufficient to form a belief as to the truthfulness of the allegations contained in
Paragraph 4 of the First Counterclaim, and refer all questions of law to the Court.
WHEREFORE, Plaintiffs LIBERTY MUTUAL INSURANCE COMPANY and LM
GENERAL INSURANCE COMPANY, demand judgment dismissing the Counterclaim of the
Defendant AK GLOBAL SUPPLY CORP. herein, together with the costs and disbursements
incurred in the defense of this action, and such other and further relief as this Court deems just and
proper.
DATED: OCTOBER 28, 2019
WHITE PLAINS, NEW YORK
Yours etc.,
Kathleen Scalley, Esq.
BURKE, CONWAY & STIEFELD
Attorneys for Plaintiffs
LIBERTY MUTUAL INSURANCE
COMPANY and LM GENERAL
INSURANCE COMPANY
10 Bank Street, Suite 1200
White Plains, NY 10606
914-997-8100
TO: KOPELEVICH & FELDSHEROVA, PC
Attorney for Defendant
AK Global Supply Corp.
241 37th Street, Suite B439
Brooklyn, NY 11232
718-332-0577
2 of 2
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FILED: NEW YORK COUNTY CLERK 11/13/2019 10:44 AM INDEX NO. 654092/2019 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 11/13/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------x LIBERTY MUTUAL INSURANCE COMPANY and LM GENERAL INSURANCE COMPANY, Plaintiffs PLAINTIFFS’ REPLY TO ANSWER WITH -against - COUNTERCLAIM OF AK GLOBAL SUPPLY CORP. KENDON THOMAS, "Individual Defendant" Index #: 654092/2019 -and- AMRO CARE PT, P.C., LAWRENCE CHIROPRACTIC DIAGNOSTIC SERVICES, P.C., NORTH SHORE HOME CARE SERVICES, INC., AVA CUSTOM SUPPLY INC., OPUS PSYCHOLOGICAL SERVICES P.C., SI ACUPUNCTURE, PC., METRO PAIN SPECIALISTS PROFESSIONAL CORPORATION, PROSPECT CHIROPRACTIC PLLC, CITIMEDICAL I, PLLC, MAURO CHIROPRACTIC P.C., HARBOR MEDICAL GROUP PC, ACUTUS RX, LLC, AK GLOBAL SUPPLY CORP, "Medical Provider Defendants" collectively, the Defendants. --------------------------------------------------------------------x Plaintiffs, LIBERTY MUTUAL INSURANCE COMPANY and LM GENERAL INSURANCE COMPANY, appearing by BURKE, CONWAY & STIEFELD, their attorneys, answering the Counterclaim of the Defendant AK GLOBAL SUPPLY CORP. herein, state as follows: AS AND FOR A REPLY TO THE FIRST COUNTERCLAIM 1. Plaintiffs deny knowledge or information sufficient to form a belief as to the truthfulness of the allegations contained in Paragraph 1 of the First Counterclaim of AK GLOBAL SUPPLY CORP., and refer all questions of law to the Court. 2. Plaintiffs admit that they commenced the instant declaratory judgment action in the Supreme Court of the State of New York, Count of New York, against Answering Defendant. 1 1 of 2 FILED: NEW YORK COUNTY CLERK 11/13/2019 10:44 AM INDEX NO. 654092/2019 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 11/13/2019 Plaintiffs deny the remaining allegations contained in Paragraph 2 of the First Counterclaim, and refer all questions of law to the Court. 3. Plaintiffs deny the allegations contained in Paragraph 3 of the First Counterclaim, and demand strict proof thereof. 4. To the extent that Paragraph 4 requires a reply, Plaintiffs deny knowledge or information sufficient to form a belief as to the truthfulness of the allegations contained in Paragraph 4 of the First Counterclaim, and refer all questions of law to the Court. WHEREFORE, Plaintiffs LIBERTY MUTUAL INSURANCE COMPANY and LM GENERAL INSURANCE COMPANY, demand judgment dismissing the Counterclaim of the Defendant AK GLOBAL SUPPLY CORP. herein, together with the costs and disbursements incurred in the defense of this action, and such other and further relief as this Court deems just and proper. DATED: OCTOBER 28, 2019 WHITE PLAINS, NEW YORK Yours etc., Kathleen Scalley, Esq. BURKE, CONWAY & STIEFELD Attorneys for Plaintiffs LIBERTY MUTUAL INSURANCE COMPANY and LM GENERAL INSURANCE COMPANY 10 Bank Street, Suite 1200 White Plains, NY 10606 914-997-8100 TO: KOPELEVICH & FELDSHEROVA, PC Attorney for Defendant AK Global Supply Corp. 241 37th Street, Suite B439 Brooklyn, NY 11232 718-332-0577 2 of 2