On May 11, 2018 a
Request for Judicial Intervention
was filed
involving a dispute between
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.,
and
Aps Chiropractic Services, P.C.,
Autorx, Llc,
Bss Medical, P.C.,
East Side Medical Care, P.C.,
Ema Medical Equipment Corp,
Healthwise Medical Associates, P.C.,
Hmp Orthopaedics, P.C.,
Progressive-Hudson Anesthesia, Llc,
Qb Acupuncture, P.C.,
Quran Davis,
Rana United, Inc.,
Sheepshead Bay Medical Supply, Inc.,
Smart Touch P.T., P.C.,
Stand-Up Mri Of Manhattan, P.C.,
Surgiocore, Llc A K A Surgicore Surgical Center,
Vp Chiropractic Adjustment, P.C.,
for Torts - Other (Declaratory Judgment)
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 11/13/2018 03:19 PM INDEX NO. 154477/2018
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 11/13/2018
REQUEST FOR JUDICIAL INTERVENTION For Court Clerk Use Only:
UCS-840 (7/2012)
IAS Entry Date
New York Supreme COURT, COUNTY OF New York
Judge Assigned
Index No: 154477/2018 Date Index Issued: 05/14/2018
Enter the complete case caption. Do not use et al or et ano. If more space is required, RJI Date
CAPTION: attach a caption rider sheet.
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.
Plaintiff(s)/Petitioner(s)
-against-
BSS MEDICAL, P.C., EAST SIDE MEDICAL CARE, P.C., STAND-UP MRI OF MANHATTAN, P.C., PROGRESSIVE-HUDSON
ANESTHESIA, LLC, SMART TOUCH P.T., P.C., RANA UNITED, INC., SURGIOCORE, 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., HEALTHWISE MEDICAL ASSOCIATES, P.C., SHEEPSHEAD BAY MEDICAL SUPPLY, INC., EMA MEDICAL
EQUIPMENT CORP, QURAN DAVIS
Defendant(s)/Respondent(s)
NATURE OF ACTION OR PROCEEDING: Check ONE box only and specify where indicated.
MATRIMONIAL COMMERCIAL
☐ Contested ☐ Business Entity (including corporations, partnerships, LLCs, etc.)
☐ Contract
NOTE: For all Matrimonial actions where the parties have children under the
age of 18, complete and attach the MATRIMONIAL RJI Addendum. For
Uncontested Matrimonial actions, use RJI form UD-13. ☐ Insurance (where insurer is a party, except arbitration)
☐ UCC (including sales, negotiable instruments)
TORTS
☐ Other Commercial:
☐ Asbestos
NOTE: For Commercial Division assignment requests [22 NYCRR § 202.70(D)],
complete and attach the COMMERCIAL DIV RJI Addendum.
☐ Breast Implant
REAL PROPERTY: How many properties does the application include?
☐ Environmental:
☐ Condemnation
☐ Medical, Dental, or Podiatric Malpractice
☐ Mortgage Foreclosure: ☐ Residential ☐ Commercial
☐ Motor Vehicle Property Address:
NOTE: For Mortgage Foreclosure actions involving a one- to four-family, owner-
☐ Products Liability:
occupied, residential property, or an owner-occupied condominium, complete and
attach the FORECLOSURE RJI Addendum.
☐ Other Negligence:
☐ Tax Certiorari - Section: Block: Lot:
☐ Other Professional Malpractice:
☐ Tax Foreclosure
☒ Other Tort: Declaratory Judgment
☐ Other Real Property:
OTHER MATTERS SPECIAL PROCEEDINGS
☐ Certificate of Incorporation/Dissolution
[see NOTE under Commercial] ☐ CPLR Article 75 (Arbitration)
[see NOTE under Commercial]
☐ Emergency Medical Treatment ☐ CPLR Article 78 (Body or Officer)
☐ Habeas Corpus ☐ Election Law
☐ Local Court Appeal ☐ MHL Article 9.60 (Kendra's Law)
☐ Mechanic's Lien ☐ MHL Article 10 (Sex Offender Confinement-Initial)
☐ Name Change ☐ MHL Article 10 (Sex Offender Confinement-Review)
☐ Pistol Permit Revocation Hearing ☐ MHL Article 81 (Guardianship)
☐ Sale or Finance of Religious/Not-for-Profit Property ☐ Other Mental Hygiene:
☐ Other: ☐ Other Special Proceeding:
STATUS OF ACTION OR PROCEEDING: Answer YES or NO for EVERY question AND enter additional information where indicated.
YES NO
Has a summons and complaint or summons w/notice been filed? ☒ ☐ If yes, date filed:
05/11/2018
Has a summons and complaint or summons w/notice been served? ☒ ☐ If yes, date served:
05/25/2018
Is this action/proceeding being filed post-judgment? ☐ ☒ If yes, judgment date:
1 of 2
FILED: NEW YORK COUNTY CLERK 11/13/2018 03:19 PM INDEX NO. 154477/2018
NATURE
NYSCEF OF NO.
DOC. JUDICIAL
30 INTERVENTION: RECEIVED NYSCEF:
Check ONE box only AND enter additional information where indicated. 11/13/2018
☐ Infant's Compromise
☐ Note of Issue and/or Certificate of Readiness
☐ Notice of Medical, Dental, or Podiatric Malpractice
Date Issue Joined:
☒ Notice of Motion Relief Sought:
Judgment - Default Return Date: 12/10/2018
☐ Notice of Petition Relief Sought: Return Date:
☐ Order to Show Cause Relief Sought: Return Date:
☐ Other Ex Parte Application Relief Sought:
☐ Poor Person Application
☐ Request for Preliminary Conference
☐ Residential Mortgage Foreclosure Settlement Conference
☐ Writ of Habeas Corpus
☐ Other:
RELATED CASES: List any related actions. For Matrimonial actions, include any related criminal and/or Famiy Court cases. If
additional space is required, complete and attach the RJI Addendum. If none, leave blank.
Case Title Index/Case No. Court Judge (if assigned) Relationship to Instant Case
PARTIES: For parties without an attorney, check "Un-Rep" box AND enter party address, phone number and e-mail
address in space provided. If additional space is required, complete and attach the RJI Addendum.
Parties: Attorneys and/or Unrepresented Litigants:
List parties in caption order and indicate Issue
Provide attorney name, firm name, business address, phone number and e-
Un- Insurance Carrier(s):
party role(s) (e.g., defendant; 3rd-party Joined
mail address of all attorneys that have appeared in the case. For
Rep plaintiff). unrepresented litigants, provide address, phone number and e-mail address.
(Y/N):
Name: PV HOLDING CORP. INCLUDING VITALY VILENCHIK, RUBIN FIORELLA & FRIEDMAN LLP, 630 Third Avenue,
ALL OF ITS SUBSIDIARIES AND AFFILIA...
3rd Floor , NEW YORK, NY 10017, 2124474626, vvilenchik@rubinfiorella.com
☐ Role(s): Plaintiff/Petitioner
NO
Name: BSS MEDICAL, P.C. 1820 Avenue M, Suite 229, Brooklyn, NY 11230
☒ Role(s): Defendant/Respondent
NO
Name: EAST SIDE MEDICAL CARE, P.C. 229 East 79th Street, New York, NY 10021
☒ Role(s): Defendant/Respondent
NO
Name: STAND-UP MRI OF MANHATTAN, 253 East 77th Street, New York, NY 10021
P.C.
☒ Role(s): Defendant/Respondent
NO
Name: PROGRESSIVE-HUDSON 444 Market Street, Saddle Brook, NJ 07663
ANESTHESIA, LLC
☒ Role(s): Defendant/Respondent
NO
I AFFIRM UNDER THE PENALTY OF PERJURY THAT, TO MY KNOWLEDGE, OTHER THAN AS NOTED ABOVE, THERE
ARE AND HAVE BEEN NO RELATED ACTIONS OR PROCEEDINGS, NOR HAS A REQUEST FOR JUDICIAL
INTERVENTION PREVIOUSLY BEEN FILED IN THIS ACTION OR PROCEEDING.
Dated: 11/13/2018 VITALY VILENCHIK
SIGNATURE
5589486 VITALY VILENCHIK
ATTORNEY REGISTRATION NUMBER PRINT OR TYPE NAME
This form was generated by NYSCEF
2 of 2
Preview
FILED: NEW YORK COUNTY CLERK 11/13/2018 03:19 PM INDEX NO. 154477/2018 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 11/13/2018 REQUEST FOR JUDICIAL INTERVENTION For Court Clerk Use Only: UCS-840 (7/2012) IAS Entry Date New York Supreme COURT, COUNTY OF New York Judge Assigned Index No: 154477/2018 Date Index Issued: 05/14/2018 Enter the complete case caption. Do not use et al or et ano. If more space is required, RJI Date CAPTION: attach a caption rider sheet. 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. Plaintiff(s)/Petitioner(s) -against- BSS MEDICAL, P.C., EAST SIDE MEDICAL CARE, P.C., STAND-UP MRI OF MANHATTAN, P.C., PROGRESSIVE-HUDSON ANESTHESIA, LLC, SMART TOUCH P.T., P.C., RANA UNITED, INC., SURGIOCORE, 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., HEALTHWISE MEDICAL ASSOCIATES, P.C., SHEEPSHEAD BAY MEDICAL SUPPLY, INC., EMA MEDICAL EQUIPMENT CORP, QURAN DAVIS Defendant(s)/Respondent(s) NATURE OF ACTION OR PROCEEDING: Check ONE box only and specify where indicated. MATRIMONIAL COMMERCIAL ☐ Contested ☐ Business Entity (including corporations, partnerships, LLCs, etc.) ☐ Contract NOTE: For all Matrimonial actions where the parties have children under the age of 18, complete and attach the MATRIMONIAL RJI Addendum. For Uncontested Matrimonial actions, use RJI form UD-13. ☐ Insurance (where insurer is a party, except arbitration) ☐ UCC (including sales, negotiable instruments) TORTS ☐ Other Commercial: ☐ Asbestos NOTE: For Commercial Division assignment requests [22 NYCRR § 202.70(D)], complete and attach the COMMERCIAL DIV RJI Addendum. ☐ Breast Implant REAL PROPERTY: How many properties does the application include? ☐ Environmental: ☐ Condemnation ☐ Medical, Dental, or Podiatric Malpractice ☐ Mortgage Foreclosure: ☐ Residential ☐ Commercial ☐ Motor Vehicle Property Address: NOTE: For Mortgage Foreclosure actions involving a one- to four-family, owner- ☐ Products Liability: occupied, residential property, or an owner-occupied condominium, complete and attach the FORECLOSURE RJI Addendum. ☐ Other Negligence: ☐ Tax Certiorari - Section: Block: Lot: ☐ Other Professional Malpractice: ☐ Tax Foreclosure ☒ Other Tort: Declaratory Judgment ☐ Other Real Property: OTHER MATTERS SPECIAL PROCEEDINGS ☐ Certificate of Incorporation/Dissolution [see NOTE under Commercial] ☐ CPLR Article 75 (Arbitration) [see NOTE under Commercial] ☐ Emergency Medical Treatment ☐ CPLR Article 78 (Body or Officer) ☐ Habeas Corpus ☐ Election Law ☐ Local Court Appeal ☐ MHL Article 9.60 (Kendra's Law) ☐ Mechanic's Lien ☐ MHL Article 10 (Sex Offender Confinement-Initial) ☐ Name Change ☐ MHL Article 10 (Sex Offender Confinement-Review) ☐ Pistol Permit Revocation Hearing ☐ MHL Article 81 (Guardianship) ☐ Sale or Finance of Religious/Not-for-Profit Property ☐ Other Mental Hygiene: ☐ Other: ☐ Other Special Proceeding: STATUS OF ACTION OR PROCEEDING: Answer YES or NO for EVERY question AND enter additional information where indicated. YES NO Has a summons and complaint or summons w/notice been filed? ☒ ☐ If yes, date filed: 05/11/2018 Has a summons and complaint or summons w/notice been served? ☒ ☐ If yes, date served: 05/25/2018 Is this action/proceeding being filed post-judgment? ☐ ☒ If yes, judgment date: 1 of 2 FILED: NEW YORK COUNTY CLERK 11/13/2018 03:19 PM INDEX NO. 154477/2018 NATURE NYSCEF OF NO. DOC. JUDICIAL 30 INTERVENTION: RECEIVED NYSCEF: Check ONE box only AND enter additional information where indicated. 11/13/2018 ☐ Infant's Compromise ☐ Note of Issue and/or Certificate of Readiness ☐ Notice of Medical, Dental, or Podiatric Malpractice Date Issue Joined: ☒ Notice of Motion Relief Sought: Judgment - Default Return Date: 12/10/2018 ☐ Notice of Petition Relief Sought: Return Date: ☐ Order to Show Cause Relief Sought: Return Date: ☐ Other Ex Parte Application Relief Sought: ☐ Poor Person Application ☐ Request for Preliminary Conference ☐ Residential Mortgage Foreclosure Settlement Conference ☐ Writ of Habeas Corpus ☐ Other: RELATED CASES: List any related actions. For Matrimonial actions, include any related criminal and/or Famiy Court cases. If additional space is required, complete and attach the RJI Addendum. If none, leave blank. Case Title Index/Case No. Court Judge (if assigned) Relationship to Instant Case PARTIES: For parties without an attorney, check "Un-Rep" box AND enter party address, phone number and e-mail address in space provided. If additional space is required, complete and attach the RJI Addendum. Parties: Attorneys and/or Unrepresented Litigants: List parties in caption order and indicate Issue Provide attorney name, firm name, business address, phone number and e- Un- Insurance Carrier(s): party role(s) (e.g., defendant; 3rd-party Joined mail address of all attorneys that have appeared in the case. For Rep plaintiff). unrepresented litigants, provide address, phone number and e-mail address. (Y/N): Name: PV HOLDING CORP. INCLUDING VITALY VILENCHIK, RUBIN FIORELLA & FRIEDMAN LLP, 630 Third Avenue, ALL OF ITS SUBSIDIARIES AND AFFILIA... 3rd Floor , NEW YORK, NY 10017, 2124474626, vvilenchik@rubinfiorella.com ☐ Role(s): Plaintiff/Petitioner NO Name: BSS MEDICAL, P.C. 1820 Avenue M, Suite 229, Brooklyn, NY 11230 ☒ Role(s): Defendant/Respondent NO Name: EAST SIDE MEDICAL CARE, P.C. 229 East 79th Street, New York, NY 10021 ☒ Role(s): Defendant/Respondent NO Name: STAND-UP MRI OF MANHATTAN, 253 East 77th Street, New York, NY 10021 P.C. ☒ Role(s): Defendant/Respondent NO Name: PROGRESSIVE-HUDSON 444 Market Street, Saddle Brook, NJ 07663 ANESTHESIA, LLC ☒ Role(s): Defendant/Respondent NO I AFFIRM UNDER THE PENALTY OF PERJURY THAT, TO MY KNOWLEDGE, OTHER THAN AS NOTED ABOVE, THERE ARE AND HAVE BEEN NO RELATED ACTIONS OR PROCEEDINGS, NOR HAS A REQUEST FOR JUDICIAL INTERVENTION PREVIOUSLY BEEN FILED IN THIS ACTION OR PROCEEDING. Dated: 11/13/2018 VITALY VILENCHIK SIGNATURE 5589486 VITALY VILENCHIK ATTORNEY REGISTRATION NUMBER PRINT OR TYPE NAME This form was generated by NYSCEF 2 of 2