Preview
FILED: NEW YORK COUNTY CLERK 09/12/2018 04:18 PM INDEX NO. 154856/2018
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 09/12/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
---------------------------------------------------------------------X Index No.: 154856/2018
AMERICAN TRANSIT INSURANCE COMPANY,
Plaintiff,
VERIFIED ANSWER
-against- TO COMPLAINT AS
TO STAND UP MRI OF
ACCELERATED SURGICAL CENTER OF NORTH JERSEY, THE BRONX, PC
LLC, BROOK CHIROPRACTIC OF NY, PC, CAREWELL
PHYSICAL THERAPY, PC, CENTRAL PARK PHYSICAL
MEDICINE, PC, JK SPINE HEALTH CHIROPRACTIC, PC,
JULY PT, PC, METROPOLITAN INTERVENTIONAL
MEDICAL SERVICES, PC, MOONLIGHT ACUPUNCTUE,
PC, P&D MERCHANDISE CORP., STAND UP MRI OF
THE BRONX, PC,
Defendants.
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The defendant, STAND UP MRI OF THE BRONX, PC, by its attorneys, THE DASH
LAW FIRM, answer the Complaint of the plaintiff upon information and belief, as follows:
PARTIES"
ANSWERING "THE
1. Denies any knowledge or information sufficient to form a belief as to each and
"1" "11"
every allegation contained in paragraph through of the Complaint.
"12"
2. Upon information and belief, admits to the allegations contained in Paragraph of
the plaintiff's Complaint.
INFORMATION"
ANSWERING "INSURANCE POLICY
3. Denies any knowledge or information sufficient to form a belief as to each and
"13" "16"
every allegation contained in paragraph through of the Complaint.
ANSWERING "THE SUBJECT MOTOR
CLAIMS"
VEHICLE INCIDENT AND NO-FAULT
4. Denies any knowledge or information sufficient to form a belief as to each and
"17" "21" "23"
every allegation contained in paragraph through and of the Complaint.
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5. Denies any knowledge or information sufficient to form a belief as to the
"22"
allegations contained in paragraph of the Complaint, and refers all questions of law to this
honorable Court at the time of trial.
ANSWERING "THE DEFENDANT'S
REGULATIONS"
VIOLATION OF THE NO-FAULT
6. Denies any knowledge or information sufficient to form a belief as to each and
"24" "27" "31"
every allegation contained in paragraph through and of the Complaint.
"28"
7. Upon information and belief, admits to the allegations contained in Paragraph
"29"
and of the plaintiff's Complaint as to STAND UP MRI OF THE BRONX, PC ONLY.
8. Denies any knowledge or information sufficient to form a belief as to the
"30"
allegations contained in paragraph of the Complaint, and refers all questions of law to this
honorable Court at the time of trial.
ANSWERING "A FIRST CAUSE OF ACTION
AGAINST ALL DEFENDANTS FOR DECLARATORY JUDGMENT
9. As to paragraph "32", Defendant repeats and reiterates the allegations and
defenses set forth in all prior paragraphs of this answer with the same force and effect as if set
forth fully herein.
10. Denies any knowledge or information sufficient to form a belief as to each and
"33"
every allegation contained in paragraph of the Complaint.
11. Denies any knowledge or information sufficient to form a belief as to the
"34"
allegations contained in paragraph of the Complaint, and refers all questions of law to this
honorable Court at the time of trial.
ANSWERING "A SECOND CAUSE OF ACTION
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AGAINST ALL_DEFENDANTS FOR DECLARATORY JUDGMENT
12. As to paragraph "35", repeats and reiterates the allegations and defenses set forth
in allprior paragraphs of this answer with the same force and effect as if set forth fully herein.
13. Denies any knowledge or information sufficient to form a belief as to each and
"36"
every allegation contained in paragraph of the Complaint.
14. Denies any knowledge or information sufficient to form a belief as to the
"37"
allegations contained in paragraph of the Complaint, and refers all questions of law to this
honorable Court at the time of trial.
ANSWERING "A THIRD CAUSE OF ACTION
AGAINST ALL DEFENDANTS FOR DECLARATORY JUDGMENT
15. As to paragraph "38", repeats and reiterates the allegations and defenses set forth
in all prior paragraphs of this answer with the same force and effect as if set forth fully herein.
16. Denies any knowledge or information sufficient to form a belief as to the
"39" "40"
allegations contained in paragraph and of the Complaint, and refers all questions of
law to this honorable Court at the time of trial.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
17. The complaint must be dismissed pursuant to CPLR Section 3211(a)(7) upon the
grounds that the complaint fails to state a cause a cause of action which relief can be granted in
any of the causes of action set forth in the complaint.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
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18. Plaintiff has failed to plead alleged insurance fraud with particularity.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
19. 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 demand judgment dismissing the Complaint of
the plaintiff in itsentirety, together with the costs and disbursements of this action and for such
other and further relief as to this court seems just and prop .
Dated: Melville, New York
September 7, 2018
DÅSH LAW FIRM, P. .
By: KAREN WAGNE ESQ.
Attorneys for Defendant
STAND UP MRI OF THE BRONX, PC
P.O. Box 280
Farmingdale, New York 11735
(631) 465-0058
To: LAW OFFICES OF DANIEL J. TUCKER
Attorney for Plaintiff
7th
One Metro Tech Center, FlOOr
Brooklyn, New York 11201
212.857.8200
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NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 09/12/2018
ATTORNEY VERIFICATION
KAREN WAGNER, ESQ. hereby affirms that she is an attorney duly licensed to practice
law in the State of New York and is a member of the firm of THE DASH LAW FIRM, attorneys
of record defendants, STAND UP MRI OF THE BRONX, PC. That deponent has read the
foregoing ANSWER TO VERIFIED COMPLAINT and knows the contents thereof and the same
is true to affirmant's own knowledge, except as to the matters therein stated to be alleged on
information and belief, and as to those matters affirmant believes to be true. This verification is
made by affirmant and not by defendants STAND UP MRI OF THE BRONX, PC, as said
defendant's principal office is not located within the county of Suffolk where affirmant's office
is located.
The grounds of affirmant's belief as to all matters not stated upon affirmant's knowledge
are as follows: records, reports, documents and other information in the file maintained in or by
affirmant's office.
The undersigned affirms that the foregoing statements are true under the penalties of
perjury.
Dated: Melville, New York
September 7, 2018
N WAGNER, ESQ
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AFFIDAVIT OF SERVICE
STATE OF NEW YORK)
: ss.:
COUNTY OF SUFFOLK)
ANDREA HUMPHREY, being duly sworn, deposes and says:
That deponent is not a party to the within action, is over 18 years of age and resides in Nassau
County, New York.
That on the ay of September, 2018 deponent served the within VERIFIED ANSWER TO
COMPLAINT via first class mail upon the following by depositing true copies of same enclosed in
postpaid, properly addressed envelopes, in an official receptacle under the exclusive care and
custody of the United States Post Office Department within the State of New York.
LAW OFFICES OF DANIEL J. TUCKER
7th
One Metro Tech Center, FlOOr
Brooklyn, New York 11201
212.857.8200
ANDREA H HREY
Sworn to before me on this
bM day of September, 2018.
UcdAOt
NATALIE PUGH
e
Notary Public, State of New York
No. 01PU6367670
Qualified in Suffolk County
Commission Expires November 27, 2021
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Preview
FILED: NEW YORK COUNTY CLERK 09/12/2018 04:18 PM INDEX NO. 154856/2018 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 09/12/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------------X Index No.: 154856/2018 AMERICAN TRANSIT INSURANCE COMPANY, Plaintiff, VERIFIED ANSWER -against- TO COMPLAINT AS TO STAND UP MRI OF ACCELERATED SURGICAL CENTER OF NORTH JERSEY, THE BRONX, PC LLC, BROOK CHIROPRACTIC OF NY, PC, CAREWELL PHYSICAL THERAPY, PC, CENTRAL PARK PHYSICAL MEDICINE, PC, JK SPINE HEALTH CHIROPRACTIC, PC, JULY PT, PC, METROPOLITAN INTERVENTIONAL MEDICAL SERVICES, PC, MOONLIGHT ACUPUNCTUE, PC, P&D MERCHANDISE CORP., STAND UP MRI OF THE BRONX, PC, Defendants. --------------------------------------------------------------------------X The defendant, STAND UP MRI OF THE BRONX, PC, by its attorneys, THE DASH LAW FIRM, answer the Complaint of the plaintiff upon information and belief, as follows: PARTIES" ANSWERING "THE 1. Denies any knowledge or information sufficient to form a belief as to each and "1" "11" every allegation contained in paragraph through of the Complaint. "12" 2. Upon information and belief, admits to the allegations contained in Paragraph of the plaintiff's Complaint. INFORMATION" ANSWERING "INSURANCE POLICY 3. Denies any knowledge or information sufficient to form a belief as to each and "13" "16" every allegation contained in paragraph through of the Complaint. ANSWERING "THE SUBJECT MOTOR CLAIMS" VEHICLE INCIDENT AND NO-FAULT 4. Denies any knowledge or information sufficient to form a belief as to each and "17" "21" "23" every allegation contained in paragraph through and of the Complaint. 1 1 of 6 FILED: NEW YORK COUNTY CLERK 09/12/2018 04:18 PM INDEX NO. 154856/2018 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 09/12/2018 5. Denies any knowledge or information sufficient to form a belief as to the "22" allegations contained in paragraph of the Complaint, and refers all questions of law to this honorable Court at the time of trial. ANSWERING "THE DEFENDANT'S REGULATIONS" VIOLATION OF THE NO-FAULT 6. Denies any knowledge or information sufficient to form a belief as to each and "24" "27" "31" every allegation contained in paragraph through and of the Complaint. "28" 7. Upon information and belief, admits to the allegations contained in Paragraph "29" and of the plaintiff's Complaint as to STAND UP MRI OF THE BRONX, PC ONLY. 8. Denies any knowledge or information sufficient to form a belief as to the "30" allegations contained in paragraph of the Complaint, and refers all questions of law to this honorable Court at the time of trial. ANSWERING "A FIRST CAUSE OF ACTION AGAINST ALL DEFENDANTS FOR DECLARATORY JUDGMENT 9. As to paragraph "32", Defendant repeats and reiterates the allegations and defenses set forth in all prior paragraphs of this answer with the same force and effect as if set forth fully herein. 10. Denies any knowledge or information sufficient to form a belief as to each and "33" every allegation contained in paragraph of the Complaint. 11. Denies any knowledge or information sufficient to form a belief as to the "34" allegations contained in paragraph of the Complaint, and refers all questions of law to this honorable Court at the time of trial. ANSWERING "A SECOND CAUSE OF ACTION 2 2 of 6 FILED: NEW YORK COUNTY CLERK 09/12/2018 04:18 PM INDEX NO. 154856/2018 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 09/12/2018 AGAINST ALL_DEFENDANTS FOR DECLARATORY JUDGMENT 12. As to paragraph "35", repeats and reiterates the allegations and defenses set forth in allprior paragraphs of this answer with the same force and effect as if set forth fully herein. 13. Denies any knowledge or information sufficient to form a belief as to each and "36" every allegation contained in paragraph of the Complaint. 14. Denies any knowledge or information sufficient to form a belief as to the "37" allegations contained in paragraph of the Complaint, and refers all questions of law to this honorable Court at the time of trial. ANSWERING "A THIRD CAUSE OF ACTION AGAINST ALL DEFENDANTS FOR DECLARATORY JUDGMENT 15. As to paragraph "38", repeats and reiterates the allegations and defenses set forth in all prior paragraphs of this answer with the same force and effect as if set forth fully herein. 16. Denies any knowledge or information sufficient to form a belief as to the "39" "40" allegations contained in paragraph and of the Complaint, and refers all questions of law to this honorable Court at the time of trial. AS AND FOR A FIRST AFFIRMATIVE DEFENSE 17. The complaint must be dismissed pursuant to CPLR Section 3211(a)(7) upon the grounds that the complaint fails to state a cause a cause of action which relief can be granted in any of the causes of action set forth in the complaint. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 3 3 of 6 FILED: NEW YORK COUNTY CLERK 09/12/2018 04:18 PM INDEX NO. 154856/2018 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 09/12/2018 18. Plaintiff has failed to plead alleged insurance fraud with particularity. AS AND FOR A THIRD AFFIRMATIVE DEFENSE 19. 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 demand judgment dismissing the Complaint of the plaintiff in itsentirety, together with the costs and disbursements of this action and for such other and further relief as to this court seems just and prop . Dated: Melville, New York September 7, 2018 DÅSH LAW FIRM, P. . By: KAREN WAGNE ESQ. Attorneys for Defendant STAND UP MRI OF THE BRONX, PC P.O. Box 280 Farmingdale, New York 11735 (631) 465-0058 To: LAW OFFICES OF DANIEL J. TUCKER Attorney for Plaintiff 7th One Metro Tech Center, FlOOr Brooklyn, New York 11201 212.857.8200 4 4 of 6 FILED: NEW YORK COUNTY CLERK 09/12/2018 04:18 PM INDEX NO. 154856/2018 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 09/12/2018 ATTORNEY VERIFICATION KAREN WAGNER, ESQ. hereby affirms that she is an attorney duly licensed to practice law in the State of New York and is a member of the firm of THE DASH LAW FIRM, attorneys of record defendants, STAND UP MRI OF THE BRONX, PC. That deponent has read the foregoing ANSWER TO VERIFIED COMPLAINT and knows the contents thereof and the same is true to affirmant's own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters affirmant believes to be true. This verification is made by affirmant and not by defendants STAND UP MRI OF THE BRONX, PC, as said defendant's principal office is not located within the county of Suffolk where affirmant's office is located. The grounds of affirmant's belief as to all matters not stated upon affirmant's knowledge are as follows: records, reports, documents and other information in the file maintained in or by affirmant's office. The undersigned affirms that the foregoing statements are true under the penalties of perjury. Dated: Melville, New York September 7, 2018 N WAGNER, ESQ 5 of 6 FILED: NEW YORK COUNTY CLERK 09/12/2018 04:18 PM INDEX NO. 154856/2018 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 09/12/2018 AFFIDAVIT OF SERVICE STATE OF NEW YORK) : ss.: COUNTY OF SUFFOLK) ANDREA HUMPHREY, being duly sworn, deposes and says: That deponent is not a party to the within action, is over 18 years of age and resides in Nassau County, New York. That on the ay of September, 2018 deponent served the within VERIFIED ANSWER TO COMPLAINT via first class mail upon the following by depositing true copies of same enclosed in postpaid, properly addressed envelopes, in an official receptacle under the exclusive care and custody of the United States Post Office Department within the State of New York. LAW OFFICES OF DANIEL J. TUCKER 7th One Metro Tech Center, FlOOr Brooklyn, New York 11201 212.857.8200 ANDREA H HREY Sworn to before me on this bM day of September, 2018. UcdAOt NATALIE PUGH e Notary Public, State of New York No. 01PU6367670 Qualified in Suffolk County Commission Expires November 27, 2021 6 6 of 6