On July 16, 2018 a
Motion-Secondary
was filed
involving a dispute between
I Quit, Inc., D B A Clinical Knowledge Management,
Mary Regan,
and
Dellorso, Goutos And Olshantestskiy Physicians, P.C., D B A Airport Medical Offices At Jfk,
John Dellorso Individually And As Shareholder,
John Doe Successor Companies,
John Goutos,
Metro Urgent Medical Care Of Queens, Pllc, As Successor To Airport Medical Offices At Jfk,
Oleg Olshantestskiy Individually And As Shareholder,
Thomas Kelliher Individually And As Chief Operating Officer,
for Commercial Division
in the District Court of Queens County.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
-________ ---------- X
I QUIT, INC., d/b/a CLINICAL KNOWLEDGE
MANAGEMENT and MARY REGAN
Index No: 710873/2018
Plaintiffs,
ORDER TO SHOW
-v- CAUSE TO VACATE
DEFAULT JUDGMENT
DELLORSO, GOUTOS AND OLSHANETSKIY
PHYSICIANS, P.C., D/B/A AIRPORT MEDICAL
OFFICES AT JFK, THOMAS KELLIHER, individually
and as Chief Operating Officer, JOHN DELLORSO,
individually and as shareholder, JOHN GOUTOS,
OLEG OLSHANETSKIY, individually and as shareholder,
METRO URGENT MEDICAL CARE OF QUEENS, PLLC,
as successor to Airport Medical Offices at JFK, and
JOHN DOE SUCCESSOR COMPANIES
Defendants
__________ ________________________ ____-----------X
Upon the annexed Affirmation, Affidavit and the attached Exhibits, and upon the
prior picadings and proceedings had in this case, let the Plaintiff show cause at Part 33, at
The Supreme Court of the State of New York, at 88-1I Sutphin Boulevard, Jamaica, N.Y.
10007, on the ptfi day of De r 2 l&at 9:30 o'clock in the forenoon of that day, or
as soon thereafter as counsel may be heard, why an Order should not be made that:
1. Vacates the default judgment that was êñtered against Defendant on Dacember 11,
2019 striking the Defendant's Answer.
2. Reinstates the Defendant's Answer in full and vacates the default judgment based on
CPLR section because there is excusable default Defen±nh have a
317, (1) (2)
meritorious defêñse and (3) public policy favors a judicial determination on the merits
of the claims presented by the Plaintiff.
3. For such other and further relief as this Court deems just and proper.
Such cause appearing therefore let service of copy of this Order to Show Cause together
with the papers upon which it isgranted, on Plaintiff at their stated address by certified
15*
return receipt requested or on or before the day of December be deemed good and
sufficient service.
ENTER,
J.S.C.
Dated: December 12, 2019
New York, NY
BRADLEY H. DORIN, ESQ.
Attorney for Defendant
35*
147 West Street, Suite 1602
New York, NY 10001
Tel. (212) 974-3435
2
To:
ALEXANDRA HOWELL, ESQ.
Archer, Byington, Glennon & Levine LLP Attorneys for the Plaintiff
One Huntington Quadrangle, Suite 4C10
PO Box 9064
Melville, NY 11747
631-249-6565
THOMAS KELLIHER, ESQ.
Five Kalb Court
Dix Hills, NY 11746
MORSE GELLER & ASSOCIATES
Attorney for John Goutos and Oleg Olshãnetskiy
277 West Sycamore Street
West Hempstead, NY 11552
516-220-1752
METRO URGENT MEDICAL CARE OF
OF QUEENS, PLLC
Building 125
John F. Kennedy Travel Plaza
Jamaica. NY
3
Document Filed Date
December 17, 2019
Case Filing Date
July 16, 2018
Category
Commercial Division
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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS -________ ---------- X I QUIT, INC., d/b/a CLINICAL KNOWLEDGE MANAGEMENT and MARY REGAN Index No: 710873/2018 Plaintiffs, ORDER TO SHOW -v- CAUSE TO VACATE DEFAULT JUDGMENT DELLORSO, GOUTOS AND OLSHANETSKIY PHYSICIANS, P.C., D/B/A AIRPORT MEDICAL OFFICES AT JFK, THOMAS KELLIHER, individually and as Chief Operating Officer, JOHN DELLORSO, individually and as shareholder, JOHN GOUTOS, OLEG OLSHANETSKIY, individually and as shareholder, METRO URGENT MEDICAL CARE OF QUEENS, PLLC, as successor to Airport Medical Offices at JFK, and JOHN DOE SUCCESSOR COMPANIES Defendants __________ ________________________ ____-----------X Upon the annexed Affirmation, Affidavit and the attached Exhibits, and upon the prior picadings and proceedings had in this case, let the Plaintiff show cause at Part 33, at The Supreme Court of the State of New York, at 88-1I Sutphin Boulevard, Jamaica, N.Y. 10007, on the ptfi day of De r 2 l&at 9:30 o'clock in the forenoon of that day, or as soon thereafter as counsel may be heard, why an Order should not be made that: 1. Vacates the default judgment that was êñtered against Defendant on Dacember 11, 2019 striking the Defendant's Answer. 2. Reinstates the Defendant's Answer in full and vacates the default judgment based on CPLR section because there is excusable default Defen±nh have a 317, (1) (2) meritorious defêñse and (3) public policy favors a judicial determination on the merits of the claims presented by the Plaintiff. 3. For such other and further relief as this Court deems just and proper. Such cause appearing therefore let service of copy of this Order to Show Cause together with the papers upon which it isgranted, on Plaintiff at their stated address by certified 15* return receipt requested or on or before the day of December be deemed good and sufficient service. ENTER, J.S.C. Dated: December 12, 2019 New York, NY BRADLEY H. DORIN, ESQ. Attorney for Defendant 35* 147 West Street, Suite 1602 New York, NY 10001 Tel. (212) 974-3435 2 To: ALEXANDRA HOWELL, ESQ. Archer, Byington, Glennon & Levine LLP Attorneys for the Plaintiff One Huntington Quadrangle, Suite 4C10 PO Box 9064 Melville, NY 11747 631-249-6565 THOMAS KELLIHER, ESQ. Five Kalb Court Dix Hills, NY 11746 MORSE GELLER & ASSOCIATES Attorney for John Goutos and Oleg Olshãnetskiy 277 West Sycamore Street West Hempstead, NY 11552 516-220-1752 METRO URGENT MEDICAL CARE OF OF QUEENS, PLLC Building 125 John F. Kennedy Travel Plaza Jamaica. NY 3