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FILED: NEW YORK COUNTY CLERK 05/11/2018 05:27 PM INDEX NO. 154477/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/11/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-----------------------------------------------X
PV HOLDING CORP. INCLUDING ALL OF ITS SUBSIDIARIES
AND AFFILIATES, INCLUDING BUT NOT LIMITED TO AVIS Index No.:
BUDGET, LLC, AVIS CAR RENTAL, LLC, BUDGET CAR Date of Filing:
RENTAL, LLC, BUDGET TRUCK RENTAL, LLC, PAYLESS CAR
RENTAL, INC. and ZIPCAR, INC.,
Plaintiffdesignates New York
County as placefor trial.
Plaintiff(s),
SUMMONS
-against-
PRIMARY MEDICAL The basis of venue is the
BSS MEDICAL, P.C., EAST SIDE CARE,
address of defendant,
STAND-UP MRI OF MANHATTAN, P.C.,
P.C.,
PROGRESSIVE-HUDSON SMART TOUCH
@ WKME, E.
ANESTHESIA, LLC,
P.T., P.C., RANA UNITED, INC., SURGICORE, LLC a/k/a
SURGICORE SURGICAL CENTER, QB ACUPUNCTURE, P.C.,
AUTORX, LLC, VP CHIROPRACTIC ADJUSTMENT, P.C., HMP Plaintiff's Address:
129th
4500 S. East Ave., ¹100
ORTHOPAEDICS, P.C., APS CHIROPRACTIC SERVICES, P.C.,
Tulsa, ' Oklahoma 74134
HEALTHCRAFT P.T., P.C., HEALTHWISE MEDICAL
ASSOCIATES, P.C., SHEEPSHEAD BAY MEDICAL SUPPLY,
INC., EMA MEDICAL EQUIPMENT CORP and QURAN DAVIS
Defendant(s).
- - _ _ _ _ _ _ _ _ __________ __ ----__ -------------------X
To The Above Named Defendants:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve
a of your answer, or, if the complaint is not served with this summons, to serve a notice
copy
of appearance, on the Plaintiff's Attorney(s) within 20 days after the service of this summons,
exclusive of the day of service (or within30 days after the service is complete if this summons
is not personally
delivered to you within the State of New York); and in case of your failure
to appear or answer, judgment will be taken against you default for the relief demanded
by
in the complaint.
DATED: New York, New York
May 9, 2018
Yours, etc.
Charles T. Rubin, Esq.
RUBIN, FIORELLA & FRIEDMAN LLP
Attorneys for Plaintiff(s)
3rd
630 Third Avenue, FlOOr
New York, New York 10017
(212) 953-2381
Our File No.: 0682,35931
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ANTS'
DEFEND ADDRESSES:
BSS MEDICAL, P.C.
1820 Avenue M, Suite 229
Brooklyn, New York 11230
EAST SIDE PRIMARY MEDICAL CARE, P.C.
79th
229 East Street
New York, New York 10021
STAND-UP MRI OF MANHATTAN, P.C.
77th
253 East Street
New York, New York 10021
PROGRESSIVE-HUDSON ANESTHESIA, LLC
444 Market Street
Saddle Brook, New Jersey 07663
SMART TOUCH P.T., P.C.
9*
3315 9 Street, Apt. 1L
Long Island City, New York 11106
RANA UNITED, INC.
18*
601 East 18 Street, Apt 709
Brooklyn, New York 11226
SURGICORE, LLC
a/k/a SURGICORE SURGICAL CENTER
444 Market Street
Saddle Brook, New Jersey 07663
QB ACUPUNCTURE, P.C.
105th
227 East Street
New York, New York 10038
AUTORX, LLC
110 Wilfred Boulevard
Hicksville, New York 11801
VP CHIROPRACTIC ADJUSTMENT, P.C.
14th
1840 East Street
Brooklyn, New York 11229
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HMP ORTHOPAEDICS, P.C.
56*
333 East 56 Street
New York, New York 10022
APS CHIROPRACTIC SERVICES, P.C.
105*
227A East 105 Street
New York, New York 10029
HEALTHCRAFT P.T., P.C.
2nd
69 Adams Avenue, FlOOr
Staten Island, New York 10306
HEALTHWISE MEDICAL ASSOCIATES, P.C.
34th
401 East Street
New York, New York 10016
SHEEPSHEAD BAY MEDICAL SUPPLY, INC.
14th
2626 East Street, Suite 207
Brooklyn, New York 11235
EMA MEDICAL EQUIPMENT CORP.
163rd
71-28 Street
Fresh Meadows, New York 11365
QURAN DAVIS
07 Saint James Place, Apartment 4-I
New York, New York 10038
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
- -- _ - - -- - - --________-- _ _ _ _ _ _ _ _ _ _ ___--------- - - -- X
PV HOLDING CORP. INCLUDING ALL OF ITS SUBSIDIARIES
AND AFFILIATES, INCLUDING BUT NOT LIMITED TO
AVIS BUDGET, LLC, AVIS CAR RENTAL, LLC, BUDGET CAR
RENTAL, LLC, BUDGET TRUCK RENTAL, LLC, PAYLESS
CAR RENTAL, INC. and ZIPCAR, INC.,
Index No.:
Plaintiff(s),
-against- VERIFIED
COMPLAINT
BSS MEDICAL, P.C., EAST SIDE PRIMARY MEDICAL CARE,
P.C., STAND-UP MRI OF MANHATTAN, P.C.,
PROGRESSIVE-
HUDSON ANESTHESIA, LLC, SMART TOUCH P.T., P.C.,
RANA UNITED, INC., SURGICORE, LLC a/k/a SURGICORE
SURGICAL CENTER, QB ACUPUNCTURE, P.C., AUTORX,
LLC, VP CHIROPRACTIC ADJUSTMENT, P.C., HMP
ORTHOPAEDICS, P.C., APS CHIROPRACTIC SERVICES, P.C.,
HEALTHCRAFT P.T., P.C., HEALTHWISE MEDICAL
ASSOCIATES, P.C., SHEEPSHEAD BAY MEDICAL SUPPLY,
INC., EMA MEDICAL EQUIPMENT CORP and QURAN DAVIS
Defendant(s)
_________________________-----------------------X X
Plaintiff, by its attorneys, RUBIN, FIORELLA & FRIEDMAN LLP, alleges
upon information and belief as follows:
THE PARTIES
1. That at all times herein, plaintiff, PV HOLDING CORP. INCLUDING
ALL OF ITS SUBSIDIARIES AND AFFILIATES, INCLUDING BUT NOT LIMITED TO
AVIS BUDGET, LLC, AVIS CAR RENTAL, LLC, BUDGET CAR RENTAL, LLC,
BUDGET TRUCK RENTAL, LLC, PAYLESS CAR RENTAL, INC. and ZIPCAR, INC.,
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("Avis"
("Avis") is a self-insured company engaged in the business of vehicles to
renting
private persons throughout the United States, and is a foreign corporation
authorized to transact business in the State of New York.
2. That at all times herein, defendant BSS MEDICAL, P.C., 1820 Avenue
M, Suite 229, Brooklyn, New York 11230, has been and still is a New York State
professional corporation.
3. That at all times herein, defendant EAST SIDE PRIMARY MEDICAL
229 East 79th New New York has been and stillis a
CARE, P.C., Street, York, 10021,
New York State professional corporation.
4. That at all times herein, defendant STAND-UP MRI OF
77th New New
MANHATTAN, P.C., 253 East Street, York, York 10021, has been
and still is a New York State professional corporation.
5. That at all times herein, defendant PROGRESSIVE-HUDSON
ANESTHESIA, LLC, 444 Market Street, Saddle Brook, New Jersey 07663, is a foreign
limited liability company doing business in the State of New York.
6. That at all times herein, defendant SMART TOUCH P.T., P.C., 3315
9th Apt. Island New York has been and still is a New
Street, 1L, Long City, 11106,
York State professional corporation.
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7. That at all times herein, defendant RANA UNITED, INC., 601 East
18 th Apt New York has been and still is a New York
Street, 709, Brooklyn, 11226,
State corporation.
8. That at all times herein, defendant SURGICORE, LLC a/k/a
SURGICORE SURGICAL CENTER, 444 Market Street, Saddle Brook, New Jersey
07663, is a foreign limited liability company doing business in the State of New
York.
9. That at all times herein, defendant QB ACUPUNCTURE, P.C., 227
East 105th New New York has been and still is a New York
Street, York, 10038,
State professional corporation.
10. That at all times herein, defendant AUTORX, LLC, 110 Wilfred
Boulevard, Hicksville, New York 11801, has been and still is a New York State
limited liability company.
11. That at all times herein, defendant, VP CHIROPRACTIC
1840 East 14th New York has been
ADJUSTMENT, P.C., Street, Brooklyn, 11229,
and still is a New York State professional corporation.
12. That at all times herein, defendant HMP ORTHOPAEDICS, P.C., 333
East 56th New New York has been and stillis a New York State
Street, York, 10022,
professional corporation.
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13. That at all times herein, defendant APS CHIROPRACTIC SERVICES,
227A East 105th New New York has been and still is a
P.C., Street, York, 10029,
New York State professional corporation.
14. That at all times herein, defendant HEALTHCRAFT P.T., P.C., 69
Adams 2nd Staten New York has been and still is a
Avenue, Floor, Island, 10306,
New York State professional corporation.
15. That at all times herein, defendant HEALTHWISE MEDICAL
401 East 34th New New York has been and
ASSOCIATES, P.C., Street, York, 10016,
still is a New York State professional corporation.
16. That at all times herein, defendant SHEEPSHEAD BAY MEDICAL
2626 East 14th Suite New York has
SUPPLY, INC., Street, 207, Brooklyn, 11235,
been and still is a New York State corporation.
17. That at all times herein, defendant EMA MEDICAL EQUIPMENT
71-28 163rd Fresh New York has been and stillis a
CORP., Street, Meadows, 11365,
New York State corporation.
18. That at all times herein, defendant QURAN DAVIS, 07 Saint James
Place, Apartment 4-I, New York, New York 10038, has been and still is a New York
State resident.
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DEFENDANTS'
THE SPECIOUS NO-FAULT CLAIMS
(" claimant-defendant"
19. That claimant-defendant QURAN DAVIS ("claimant-defendant") was
allegedly involved in an automobile collision on February 13, 2017, while an
occupant of a vehicle owned and self-insured
by Avis. All claims of Avis owned and
self-insured vehicles are handled by Sedgwick Claims Management Corporation, a
third party administrator.
20. That according to the police report, the alleged collision occurred on
February 13, 2017, on Essex Street at or near its intersection with Rivington Street
in New York, New York, when the adverse vehicle was making a left turn and
collided with the insured vehicle. The police report further indicates that the
driver of the adverse vehicle had no visible physical injury, refused medical
attention, and that the air bags did not deploy in either vehicle.
21. That despite the above facts, the claimant-defendant later reported to
have sustained bodily injuries in this collision. Avis assigned claim number
178007537 to all No-Fault claims relating to the alleged February 13, 2017 collision.
22. That under 11 N.Y.C.R.R. 65-2.2, which governs No-Fault claims for
self-insurers"
this claimant-defendant, the "Obligations of provision of the
regulation requires that self-insurers such as Avis provide No-Fault benefits to
persons injured in the use or operation of vehicles in New York State, subject to
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"conditions"
certain conditions and terms. The provision of the New York
Obligations of self-insurers section, 11 N.Y.C.R.R. 65-2.4, states:
Conditions
Action against self insurer. No action shall lie against
the self-insurer unless, as a condition precedent thereto,
there shall have been full compliance with the terms of
this section.
* * *
. .. Upon request by the self-insurer, the eligible injured
person or that person's assignee or representative shall:
* * *
provide other pertinent information that
(d) any may
assist the Company in
determining the amount
due and payable.
* * *
The eligible injured person shall submit to medical
examination by physicians selected by, or acceptable to,
the self-insurer, when, and as often as, the self-insurer
require.
may reasonably
* * *
"exclusions"
23. That the provision of the Personal
Mandatory Injury
Protection Endorsement states:
Exclusions
The requirement for payment an insurer of first-
by
benefits does not apply to personal injury
party
sustained by:
* * *
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(f) any person who intentionally causes his or her
own personal injury.
24. That in addition11 N.Y.C.R.R. 65-3 (c) provides, "The insurer is entitled
to receive all items necessary to verify the claim directly from the parties from whom
such verification was requested
25. That the claimant-defendant was a person who allegedly sustained
personal injuries out of the use or operation of the self-insured motor
arising
vehicle and began receiving treatment from defendants BSS MEDICAL, P.C., EAST
SIDE PRIMARY MEDICAL CARE, P.C., STAND-UP MRI OF MANHATTAN, P.C.,
PROGRESSIVE-HUDSON ANESTHESIA, L.L.C., SMART TOUCH PT, P.C., RANA
UNITED, INC., SURGICORE, L.L.C. a/k/a SURGICORE SURGICAL CENTER, QB
ACUPUNCTURE, P.C., AUTORX, L.L.C., VP CHIROPRACTIC ADJUSTMENT, P.C.,
HMP ORTHOPAEDICS, P.C., APS CHIROPRACTIC SERVICES, P.C.,
HEALTHCRAFT PT, P.C., HEALTHWISE MEDICAL ASSOCIATES, P.C.,
SHEEPSHEAD BAY MEDICAL SUPPLY, INC. and EMA MEDICAL EQUIPMENT
CORP (collectively, "the Medical Provider Defendants").
26. That in addition to the sheer magnitude of the claims submitted, the
claim's was questionable because the driver of the adverse vehicle did not
legitimacy
allege injury at the scene of the collision and did not request medical attention.
Furthermore, the damage to the Avis vehicle was minor and the claimant-defendant
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began boilerplate and excessive medical treatment from numerous medical
receiving
providers.
27. That these factors raised a strong possibility that the treatment
submitted was not related to the collision, or that the alleged injuries of the
claimant-defendant did not arise from an insured incident, both of which would
be considered non-covered events under the No-FaultRegulations.
DEFENDANTS'
THE VIOLATION OF THE NO-FAULT REGULATIONS
28. That based upon these factors, Avis, pursuant to its rights under the
No-Fault Regulations, duly and properly requested independent medical
examinations ("IMEs") of the claimant-defendant to confirm the legitimacy of this
loss and the necessity of any alleged treatment and referrals.
29. That despite due demand, the claimant-defendant failed to appear for
his scheduled IMEs on two or more occasions. These failures to appear were
violations of the No-Fault regulations and a violation of a condition precedent to
coverage for all No-Fault claims submitted the Defendants and Avis has
by duly
denied all claims on this basis.
30. That based upon the circumstances stated above, Avis maintains a
founded belief that the alleged injuries of the claimant-defendant did not arise
from an insured incident and Avis has duly denied the claims of the Defendants
on this basis.
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31. That based upon the circumstances stated above, Avis maintains that
any No-Fault treatment submitted by the Medical Provider Defendants was not
causally related to the underlying collision and Avis has dully denied the claims of
the Defendants on this basis.
32. That the Defendants have commenced or will commence legal actions
or file for arbitrations against Avis seeking money damages for the No-Fault
claims that Avis has properly denied as detailed above.
33. That Avis requires and requests a declaration of the rights and other
legal relations of the respective parties in accordance with the applicable laws
relating to declaratory judgment.
34. That Avis has no adequate remedy at law.
35. That Avis has not previously sought the relief requested herein in this
or any other Court.
FOR A FIRST CAUSE OF ACTION
36. Avis repeats and realleges the allegations contained in paragraphs 1
through 35 of the complaint as if set forth herein.
fully
37. That despite due demand, the claimant-defendant breached a
condition precedent to coverage under the No-Fault regulations to
by failing
appear for IMEs on two or more occasions.
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38. That this breach of the No-Fault Regulations relieves Avis of
any
obligations to pay the No-Faultclaimsofthedefendants.
39. That reason of the foregoing, Avis is entitled to a judgment
by
declaring that it owes no duty to the defendants to
pay No-Fault claims with
respect to theFebruary13, 2017collision.
FORASECONDCAUSEOFACTION
40. Avis repeats and realleges the allegations contained in paragraphs 1
through 39 of the complaint as if set forthherein.
fully
41. That based upon the circumstances stated above, Avis maintains a
founded belief that the alleged injuries of the claimant-defendant, and any
subsequent medical treatment allegedly provided the Medical Provider
by
Defendants, did not arise from an insured incident.
42. That by reason of the foregoing, Avis is entitled to a judgment
declaring that the claimant-defendant and the Medical Provider Defendants
proceeding as the purported assignees of the claimant-defendant have no rights to
collectNo-Faultbenefitswith respect to theFebruary13, 2017 collision.
FORATHIRDCAUSEOFACTION
43. Avisrepeats and realleges the allegations contained in paragraphs 1
through 42 of thecomplaintasiffully set forthherein.
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44. That based upon the circumstances stated above, Avis maintains that
any No-Fault treatments submitted by the Medical Provider Defendants was not
related to the underlying collision.
causally
45. That by reason of the foregoing, Avis is entitled to a judgment
declaring that it owes no duty to the defendants to pay No-Fault claims with
respect to theFebruary 13, 2017 collision.
FOR A FOURTH CAUSE OF ACTION
46. Avis repeats and realleges the allegations contained in paragraphs 1
through 45 of the complaint as if fully set forthherein.
47. That Avis will suffer irreparable harm if a permanent stay of all
arbitrations, lawsuits and/or claims by Defendants is not issued pending the
determination of this action.
48. That Avis is therefore entitled to a judgment a permanent
declaring
of all lawsuits and/or claims the Defendants to No-
stay arbitrations, by relating
Fault claims of the claimant-defendant arising from the February 13, 2017 collision.
WHEREFORE, AVIS demands judgment as follows:
a. On the First Cause of Action against all defendants, declaring
that Avis owes no duty to pay No-Fault claims with respect to
13, 2017collision referenced in the complaint;
theFebruary
b. On the Second Cause of Action against all defendants, declaring
that Avis owes no duty to pay No-Fault claims with respect to
13, 2017 collision referenced in the complaint;
theFebruary
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c. On the Third Cause of Action against all defendants, declaring
that Avis owes no duty to pay No-Fault claims with respect to
the February 13, 2017 collision referenced in the complaint;
d. On the Fourth Cause of Action against all defendants
permanently staying all No-Fault lawsuits and arbitrations
brought by the defendants the outcome of this action
pending
to the February 13, 2017 collision referenced in this
relating
complaint;
e. For costs and disbursements of this action; and
f. For such other and further relief as to the Court
may seem just
and proper.
DATED: New York, New York
May 9, 2018
Yours, etc.
Charles T. Rubin, Esq.
RUBIN, FIORELLA & FRIEDMAN LLP
Attorneys for Plaintiff
630 Third 3rd Floor
Avenue,
New York, New York 10017
(212) 953-2381
Our File No.: 0682.35931
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ATTORNEY VERIFICATION
STATE OF NEW YORK )
) ss.:
COUNTY OF NEW YORK )
CHARLES T. RUBIN, an attorney duly admitted to practice law in the State of New
York, affirms:
That the undersigned is a member of the firm of RUBIN
Preview
FILED: NEW YORK COUNTY CLERK 05/11/2018 05:27 PM INDEX NO. 154477/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/11/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------X PV HOLDING CORP. INCLUDING ALL OF ITS SUBSIDIARIES AND AFFILIATES, INCLUDING BUT NOT LIMITED TO AVIS Index No.: BUDGET, LLC, AVIS CAR RENTAL, LLC, BUDGET CAR Date of Filing: RENTAL, LLC, BUDGET TRUCK RENTAL, LLC, PAYLESS CAR RENTAL, INC. and ZIPCAR, INC., Plaintiffdesignates New York County as placefor trial. Plaintiff(s), SUMMONS -against- PRIMARY MEDICAL The basis of venue is the BSS MEDICAL, P.C., EAST SIDE CARE, address of defendant, STAND-UP MRI OF MANHATTAN, P.C., P.C., PROGRESSIVE-HUDSON SMART TOUCH @ WKME, E. ANESTHESIA, LLC, P.T., P.C., RANA UNITED, INC., SURGICORE, LLC a/k/a SURGICORE SURGICAL CENTER, QB ACUPUNCTURE, P.C., AUTORX, LLC, VP CHIROPRACTIC ADJUSTMENT, P.C., HMP Plaintiff's Address: 129th 4500 S. East Ave., ¹100 ORTHOPAEDICS, P.C., APS CHIROPRACTIC SERVICES, P.C., Tulsa, ' Oklahoma 74134 HEALTHCRAFT P.T., P.C., HEALTHWISE MEDICAL ASSOCIATES, P.C., SHEEPSHEAD BAY MEDICAL SUPPLY, INC., EMA MEDICAL EQUIPMENT CORP and QURAN DAVIS Defendant(s). - - _ _ _ _ _ _ _ _ __________ __ ----__ -------------------X To The Above Named Defendants: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a of your answer, or, if the complaint is not served with this summons, to serve a notice copy of appearance, on the Plaintiff's Attorney(s) within 20 days after the service of this summons, exclusive of the day of service (or within30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you default for the relief demanded by in the complaint. DATED: New York, New York May 9, 2018 Yours, etc. Charles T. Rubin, Esq. RUBIN, FIORELLA & FRIEDMAN LLP Attorneys for Plaintiff(s) 3rd 630 Third Avenue, FlOOr New York, New York 10017 (212) 953-2381 Our File No.: 0682,35931 1 of 16 FILED: NEW YORK COUNTY CLERK 05/11/2018 05:27 PM INDEX NO. 154477/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/11/2018 ANTS' DEFEND ADDRESSES: BSS MEDICAL, P.C. 1820 Avenue M, Suite 229 Brooklyn, New York 11230 EAST SIDE PRIMARY MEDICAL CARE, P.C. 79th 229 East Street New York, New York 10021 STAND-UP MRI OF MANHATTAN, P.C. 77th 253 East Street New York, New York 10021 PROGRESSIVE-HUDSON ANESTHESIA, LLC 444 Market Street Saddle Brook, New Jersey 07663 SMART TOUCH P.T., P.C. 9* 3315 9 Street, Apt. 1L Long Island City, New York 11106 RANA UNITED, INC. 18* 601 East 18 Street, Apt 709 Brooklyn, New York 11226 SURGICORE, LLC a/k/a SURGICORE SURGICAL CENTER 444 Market Street Saddle Brook, New Jersey 07663 QB ACUPUNCTURE, P.C. 105th 227 East Street New York, New York 10038 AUTORX, LLC 110 Wilfred Boulevard Hicksville, New York 11801 VP CHIROPRACTIC ADJUSTMENT, P.C. 14th 1840 East Street Brooklyn, New York 11229 2 of 16 FILED: NEW YORK COUNTY CLERK 05/11/2018 05:27 PM INDEX NO. 154477/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/11/2018 HMP ORTHOPAEDICS, P.C. 56* 333 East 56 Street New York, New York 10022 APS CHIROPRACTIC SERVICES, P.C. 105* 227A East 105 Street New York, New York 10029 HEALTHCRAFT P.T., P.C. 2nd 69 Adams Avenue, FlOOr Staten Island, New York 10306 HEALTHWISE MEDICAL ASSOCIATES, P.C. 34th 401 East Street New York, New York 10016 SHEEPSHEAD BAY MEDICAL SUPPLY, INC. 14th 2626 East Street, Suite 207 Brooklyn, New York 11235 EMA MEDICAL EQUIPMENT CORP. 163rd 71-28 Street Fresh Meadows, New York 11365 QURAN DAVIS 07 Saint James Place, Apartment 4-I New York, New York 10038 3 of 16 FILED: NEW YORK COUNTY CLERK 05/11/2018 05:27 PM INDEX NO. 154477/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/11/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK - -- _ - - -- - - --________-- _ _ _ _ _ _ _ _ _ _ ___--------- - - -- X PV HOLDING CORP. INCLUDING ALL OF ITS SUBSIDIARIES AND AFFILIATES, INCLUDING BUT NOT LIMITED TO AVIS BUDGET, LLC, AVIS CAR RENTAL, LLC, BUDGET CAR RENTAL, LLC, BUDGET TRUCK RENTAL, LLC, PAYLESS CAR RENTAL, INC. and ZIPCAR, INC., Index No.: Plaintiff(s), -against- VERIFIED COMPLAINT BSS MEDICAL, P.C., EAST SIDE PRIMARY MEDICAL CARE, P.C., STAND-UP MRI OF MANHATTAN, P.C., PROGRESSIVE- HUDSON ANESTHESIA, LLC, SMART TOUCH P.T., P.C., RANA UNITED, INC., SURGICORE, LLC a/k/a SURGICORE SURGICAL CENTER, QB ACUPUNCTURE, P.C., AUTORX, LLC, VP CHIROPRACTIC ADJUSTMENT, P.C., HMP ORTHOPAEDICS, P.C., APS CHIROPRACTIC SERVICES, P.C., HEALTHCRAFT P.T., P.C., HEALTHWISE MEDICAL ASSOCIATES, P.C., SHEEPSHEAD BAY MEDICAL SUPPLY, INC., EMA MEDICAL EQUIPMENT CORP and QURAN DAVIS Defendant(s) _________________________-----------------------X X Plaintiff, by its attorneys, RUBIN, FIORELLA & FRIEDMAN LLP, alleges upon information and belief as follows: THE PARTIES 1. That at all times herein, plaintiff, PV HOLDING CORP. INCLUDING ALL OF ITS SUBSIDIARIES AND AFFILIATES, INCLUDING BUT NOT LIMITED TO AVIS BUDGET, LLC, AVIS CAR RENTAL, LLC, BUDGET CAR RENTAL, LLC, BUDGET TRUCK RENTAL, LLC, PAYLESS CAR RENTAL, INC. and ZIPCAR, INC., 4 of 16 FILED: NEW YORK COUNTY CLERK 05/11/2018 05:27 PM INDEX NO. 154477/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/11/2018 ("Avis" ("Avis") is a self-insured company engaged in the business of vehicles to renting private persons throughout the United States, and is a foreign corporation authorized to transact business in the State of New York. 2. That at all times herein, defendant BSS MEDICAL, P.C., 1820 Avenue M, Suite 229, Brooklyn, New York 11230, has been and still is a New York State professional corporation. 3. That at all times herein, defendant EAST SIDE PRIMARY MEDICAL 229 East 79th New New York has been and stillis a CARE, P.C., Street, York, 10021, New York State professional corporation. 4. That at all times herein, defendant STAND-UP MRI OF 77th New New MANHATTAN, P.C., 253 East Street, York, York 10021, has been and still is a New York State professional corporation. 5. That at all times herein, defendant PROGRESSIVE-HUDSON ANESTHESIA, LLC, 444 Market Street, Saddle Brook, New Jersey 07663, is a foreign limited liability company doing business in the State of New York. 6. That at all times herein, defendant SMART TOUCH P.T., P.C., 3315 9th Apt. Island New York has been and still is a New Street, 1L, Long City, 11106, York State professional corporation. 2 4838-9808-9314, v. 1 5 of 16 FILED: NEW YORK COUNTY CLERK 05/11/2018 05:27 PM INDEX NO. 154477/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/11/2018 7. That at all times herein, defendant RANA UNITED, INC., 601 East 18 th Apt New York has been and still is a New York Street, 709, Brooklyn, 11226, State corporation. 8. That at all times herein, defendant SURGICORE, LLC a/k/a SURGICORE SURGICAL CENTER, 444 Market Street, Saddle Brook, New Jersey 07663, is a foreign limited liability company doing business in the State of New York. 9. That at all times herein, defendant QB ACUPUNCTURE, P.C., 227 East 105th New New York has been and still is a New York Street, York, 10038, State professional corporation. 10. That at all times herein, defendant AUTORX, LLC, 110 Wilfred Boulevard, Hicksville, New York 11801, has been and still is a New York State limited liability company. 11. That at all times herein, defendant, VP CHIROPRACTIC 1840 East 14th New York has been ADJUSTMENT, P.C., Street, Brooklyn, 11229, and still is a New York State professional corporation. 12. That at all times herein, defendant HMP ORTHOPAEDICS, P.C., 333 East 56th New New York has been and stillis a New York State Street, York, 10022, professional corporation. 3 4838-9808-9314, v. 1 6 of 16 FILED: NEW YORK COUNTY CLERK 05/11/2018 05:27 PM INDEX NO. 154477/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/11/2018 13. That at all times herein, defendant APS CHIROPRACTIC SERVICES, 227A East 105th New New York has been and still is a P.C., Street, York, 10029, New York State professional corporation. 14. That at all times herein, defendant HEALTHCRAFT P.T., P.C., 69 Adams 2nd Staten New York has been and still is a Avenue, Floor, Island, 10306, New York State professional corporation. 15. That at all times herein, defendant HEALTHWISE MEDICAL 401 East 34th New New York has been and ASSOCIATES, P.C., Street, York, 10016, still is a New York State professional corporation. 16. That at all times herein, defendant SHEEPSHEAD BAY MEDICAL 2626 East 14th Suite New York has SUPPLY, INC., Street, 207, Brooklyn, 11235, been and still is a New York State corporation. 17. That at all times herein, defendant EMA MEDICAL EQUIPMENT 71-28 163rd Fresh New York has been and stillis a CORP., Street, Meadows, 11365, New York State corporation. 18. That at all times herein, defendant QURAN DAVIS, 07 Saint James Place, Apartment 4-I, New York, New York 10038, has been and still is a New York State resident. 4 4838-9808-9314, v. 1 7 of 16 FILED: NEW YORK COUNTY CLERK 05/11/2018 05:27 PM INDEX NO. 154477/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/11/2018 DEFENDANTS' THE SPECIOUS NO-FAULT CLAIMS (" claimant-defendant" 19. That claimant-defendant QURAN DAVIS ("claimant-defendant") was allegedly involved in an automobile collision on February 13, 2017, while an occupant of a vehicle owned and self-insured by Avis. All claims of Avis owned and self-insured vehicles are handled by Sedgwick Claims Management Corporation, a third party administrator. 20. That according to the police report, the alleged collision occurred on February 13, 2017, on Essex Street at or near its intersection with Rivington Street in New York, New York, when the adverse vehicle was making a left turn and collided with the insured vehicle. The police report further indicates that the driver of the adverse vehicle had no visible physical injury, refused medical attention, and that the air bags did not deploy in either vehicle. 21. That despite the above facts, the claimant-defendant later reported to have sustained bodily injuries in this collision. Avis assigned claim number 178007537 to all No-Fault claims relating to the alleged February 13, 2017 collision. 22. That under 11 N.Y.C.R.R. 65-2.2, which governs No-Fault claims for self-insurers" this claimant-defendant, the "Obligations of provision of the regulation requires that self-insurers such as Avis provide No-Fault benefits to persons injured in the use or operation of vehicles in New York State, subject to 5 4838-9808-9314, v. 1 8 of 16 FILED: NEW YORK COUNTY CLERK 05/11/2018 05:27 PM INDEX NO. 154477/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/11/2018 "conditions" certain conditions and terms. The provision of the New York Obligations of self-insurers section, 11 N.Y.C.R.R. 65-2.4, states: Conditions Action against self insurer. No action shall lie against the self-insurer unless, as a condition precedent thereto, there shall have been full compliance with the terms of this section. * * * . .. Upon request by the self-insurer, the eligible injured person or that person's assignee or representative shall: * * * provide other pertinent information that (d) any may assist the Company in determining the amount due and payable. * * * The eligible injured person shall submit to medical examination by physicians selected by, or acceptable to, the self-insurer, when, and as often as, the self-insurer require. may reasonably * * * "exclusions" 23. That the provision of the Personal Mandatory Injury Protection Endorsement states: Exclusions The requirement for payment an insurer of first- by benefits does not apply to personal injury party sustained by: * * * 6 4838-9808-9314, v. 1 9 of 16 FILED: NEW YORK COUNTY CLERK 05/11/2018 05:27 PM INDEX NO. 154477/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/11/2018 (f) any person who intentionally causes his or her own personal injury. 24. That in addition11 N.Y.C.R.R. 65-3 (c) provides, "The insurer is entitled to receive all items necessary to verify the claim directly from the parties from whom such verification was requested 25. That the claimant-defendant was a person who allegedly sustained personal injuries out of the use or operation of the self-insured motor arising vehicle and began receiving treatment from defendants BSS MEDICAL, P.C., EAST SIDE PRIMARY MEDICAL CARE, P.C., STAND-UP MRI OF MANHATTAN, P.C., PROGRESSIVE-HUDSON ANESTHESIA, L.L.C., SMART TOUCH PT, P.C., RANA UNITED, INC., SURGICORE, L.L.C. a/k/a SURGICORE SURGICAL CENTER, QB ACUPUNCTURE, P.C., AUTORX, L.L.C., VP CHIROPRACTIC ADJUSTMENT, P.C., HMP ORTHOPAEDICS, P.C., APS CHIROPRACTIC SERVICES, P.C., HEALTHCRAFT PT, P.C., HEALTHWISE MEDICAL ASSOCIATES, P.C., SHEEPSHEAD BAY MEDICAL SUPPLY, INC. and EMA MEDICAL EQUIPMENT CORP (collectively, "the Medical Provider Defendants"). 26. That in addition to the sheer magnitude of the claims submitted, the claim's was questionable because the driver of the adverse vehicle did not legitimacy allege injury at the scene of the collision and did not request medical attention. Furthermore, the damage to the Avis vehicle was minor and the claimant-defendant 7 4838-9808-9314, v. 1 10 of 16 FILED: NEW YORK COUNTY CLERK 05/11/2018 05:27 PM INDEX NO. 154477/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/11/2018 began boilerplate and excessive medical treatment from numerous medical receiving providers. 27. That these factors raised a strong possibility that the treatment submitted was not related to the collision, or that the alleged injuries of the claimant-defendant did not arise from an insured incident, both of which would be considered non-covered events under the No-FaultRegulations. DEFENDANTS' THE VIOLATION OF THE NO-FAULT REGULATIONS 28. That based upon these factors, Avis, pursuant to its rights under the No-Fault Regulations, duly and properly requested independent medical examinations ("IMEs") of the claimant-defendant to confirm the legitimacy of this loss and the necessity of any alleged treatment and referrals. 29. That despite due demand, the claimant-defendant failed to appear for his scheduled IMEs on two or more occasions. These failures to appear were violations of the No-Fault regulations and a violation of a condition precedent to coverage for all No-Fault claims submitted the Defendants and Avis has by duly denied all claims on this basis. 30. That based upon the circumstances stated above, Avis maintains a founded belief that the alleged injuries of the claimant-defendant did not arise from an insured incident and Avis has duly denied the claims of the Defendants on this basis. 8 4838-9808-9314, v. 1 11 of 16 FILED: NEW YORK COUNTY CLERK 05/11/2018 05:27 PM INDEX NO. 154477/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/11/2018 31. That based upon the circumstances stated above, Avis maintains that any No-Fault treatment submitted by the Medical Provider Defendants was not causally related to the underlying collision and Avis has dully denied the claims of the Defendants on this basis. 32. That the Defendants have commenced or will commence legal actions or file for arbitrations against Avis seeking money damages for the No-Fault claims that Avis has properly denied as detailed above. 33. That Avis requires and requests a declaration of the rights and other legal relations of the respective parties in accordance with the applicable laws relating to declaratory judgment. 34. That Avis has no adequate remedy at law. 35. That Avis has not previously sought the relief requested herein in this or any other Court. FOR A FIRST CAUSE OF ACTION 36. Avis repeats and realleges the allegations contained in paragraphs 1 through 35 of the complaint as if set forth herein. fully 37. That despite due demand, the claimant-defendant breached a condition precedent to coverage under the No-Fault regulations to by failing appear for IMEs on two or more occasions. 9 4838-9808-9314, v. 1 12 of 16 FILED: NEW YORK COUNTY CLERK 05/11/2018 05:27 PM INDEX NO. 154477/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/11/2018 38. That this breach of the No-Fault Regulations relieves Avis of any obligations to pay the No-Faultclaimsofthedefendants. 39. That reason of the foregoing, Avis is entitled to a judgment by declaring that it owes no duty to the defendants to pay No-Fault claims with respect to theFebruary13, 2017collision. FORASECONDCAUSEOFACTION 40. Avis repeats and realleges the allegations contained in paragraphs 1 through 39 of the complaint as if set forthherein. fully 41. That based upon the circumstances stated above, Avis maintains a founded belief that the alleged injuries of the claimant-defendant, and any subsequent medical treatment allegedly provided the Medical Provider by Defendants, did not arise from an insured incident. 42. That by reason of the foregoing, Avis is entitled to a judgment declaring that the claimant-defendant and the Medical Provider Defendants proceeding as the purported assignees of the claimant-defendant have no rights to collectNo-Faultbenefitswith respect to theFebruary13, 2017 collision. FORATHIRDCAUSEOFACTION 43. Avisrepeats and realleges the allegations contained in paragraphs 1 through 42 of thecomplaintasiffully set forthherein. 10 4838-9808-9314, v. 1 13 of 16 FILED: NEW YORK COUNTY CLERK 05/11/2018 05:27 PM INDEX NO. 154477/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/11/2018 44. That based upon the circumstances stated above, Avis maintains that any No-Fault treatments submitted by the Medical Provider Defendants was not related to the underlying collision. causally 45. That by reason of the foregoing, Avis is entitled to a judgment declaring that it owes no duty to the defendants to pay No-Fault claims with respect to theFebruary 13, 2017 collision. FOR A FOURTH CAUSE OF ACTION 46. Avis repeats and realleges the allegations contained in paragraphs 1 through 45 of the complaint as if fully set forthherein. 47. That Avis will suffer irreparable harm if a permanent stay of all arbitrations, lawsuits and/or claims by Defendants is not issued pending the determination of this action. 48. That Avis is therefore entitled to a judgment a permanent declaring of all lawsuits and/or claims the Defendants to No- stay arbitrations, by relating Fault claims of the claimant-defendant arising from the February 13, 2017 collision. WHEREFORE, AVIS demands judgment as follows: a. On the First Cause of Action against all defendants, declaring that Avis owes no duty to pay No-Fault claims with respect to 13, 2017collision referenced in the complaint; theFebruary b. On the Second Cause of Action against all defendants, declaring that Avis owes no duty to pay No-Fault claims with respect to 13, 2017 collision referenced in the complaint; theFebruary 11 4838-9808-9314, v. 1 14 of 16 FILED: NEW YORK COUNTY CLERK 05/11/2018 05:27 PM INDEX NO. 154477/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/11/2018 c. On the Third Cause of Action against all defendants, declaring that Avis owes no duty to pay No-Fault claims with respect to the February 13, 2017 collision referenced in the complaint; d. On the Fourth Cause of Action against all defendants permanently staying all No-Fault lawsuits and arbitrations brought by the defendants the outcome of this action pending to the February 13, 2017 collision referenced in this relating complaint; e. For costs and disbursements of this action; and f. For such other and further relief as to the Court may seem just and proper. DATED: New York, New York May 9, 2018 Yours, etc. Charles T. Rubin, Esq. RUBIN, FIORELLA & FRIEDMAN LLP Attorneys for Plaintiff 630 Third 3rd Floor Avenue, New York, New York 10017 (212) 953-2381 Our File No.: 0682.35931 12 4838-9808-9314, v. 1 15 of 16 FILED: NEW YORK COUNTY CLERK 05/11/2018 05:27 PM INDEX NO. 154477/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/11/2018 ATTORNEY VERIFICATION STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) CHARLES T. RUBIN, an attorney duly admitted to practice law in the State of New York, affirms: That the undersigned is a member of the firm of RUBIN