Government Empls. Ins. Co. v Caremed DME, Inc. 2026 NY Slip Op 30694(U) February 27, 2026 Supreme Court, New York County Docket Number: Index No. 150025/2025 Judge: Matthew V. Grieco Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication.
file:///LRB-ALB-FS1/Vol1/ecourts/Process/covers/NYSUP.1500252025.NEW_YORK.001.LBLX000_TO.html[03/10/2026 3:45:50 PM] !FILED: NEW YORK COUNTY CLERK 03/02/2026 10: 33 AM! INDEX NO. 150025/2025 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 02/27/2026
SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. MATTHEW V. GRIECO PART 30M Justice ----------------------------X INDEX NO. 150025/2025 GOVERNMENT EMPLOYEES INSURANCE COMPANY, INCLUDING ITS SUBSIDIARIES AND AFFILIATES, GEICO MOTION DATE 10/30/2025 GENERAL INSURANCE COMPANY, GEICO INDEMNITY COMPANY AND GEICO CASUALTY COMPANY, MOTION SEQ. NO. 001
Plaintiff,
- V -
CAREMED DME, INC.,CHAI DIAGNOSTICS, LLC,CLIFFSIDE PARK IMAGING & DIAGNOSTIC CENTER, LLC,CONCEPT LINE, INC.,DIAGNOSTIC NEUROLOGY, P.C.,DS MEDICAL DIAGNOSTICS, P.C.,FIRST STOP PT, P.C.,FUNCTIONAL REHABILITATION MEDICINE OF NY, P.C.,GLOBAL OS, LLC,KTJ PHYSICAL THERAPY, P.C.,LUMINEX BK, LLC,MB CENTURY, INC.,MEDICAL CARE OF QUEENSBOROUGH, P.C.,PHARMACY ON GRAND, INC.,PRIME SPECIALTY PHARMACY, LLC,PSYCHOLOGY 21, P.C.,RASHBI DIAGNOSTICS DECISION + ORDER ON IMAGING, INC.,REFUAH DIAGNOSTICS, LLC,RIGHT MOTION CHOICE SUPPLY, INC.,RS ORTHO SUPPLY, INC.,SARVAT MEDICAL SUPPLIES CORP., SOUTH BRONX MEDICAL REHABILITATION, P.C.,TARGET CHIROPRACTIC, P.C.,TIMSTRO PRODUCTS CORP., TM OS, LLC,TRI-BOROUGH NY MEDICAL PRACTICE, P.C.,U.K. SINHA PHYSICIAN, P.C.,UPTOWN HEALTHCARE MANAGEMENT, INC. D/B/A AMBULATORY SURGERY CENTER OF EAST TREMONT MEDICAL CENTER, VITAL CRAFT OS, LLC,W JOSEPH GORUM MD, P.C.,WAY TO REHAB PT, P.C.,WELLNESS LINE, INC.,PRINCE SAGE, DEJUAN ALLBRITTON
Defendant. ---------------------------X
The following e-filed documents, listed by NYSCEF document number (Motion 001) 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64 were read on this motion to/for JUDGMENT - DEFAULT
Upon the foregoing documents, and for the reasons stated infra, plaintiffs
motion for a default judgment is granted in part and denied in part.
150025/2025 GOVERNMENT EMPLOYEES INSURANCE COMPANY, INCLUDING ITS Page 1 of 5 SUBSIDIARIES AND AFFILIATES, GEICO GENERAL INSURANCE COMPANY, GEICO INDEMNITY COMPANY AND GEICO CASUAL TY COMPANY vs. CAREMED DME, INC. ET AL Motion No. 001
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On December 31, 2024, plaintiff, Government Employees Insurance Company,
Including Its Subsidiaries and Affiliates, GEICO General Insurance Company, GEICO
Indemnity Company, and GEICO Casualty Company ("GEICO"), commenced this action
for a declaratory judgment that it owes no duty to pay any no-fault claims arising out of
a motor vehicle collision that allegedly occurred on December 10, 2023, on the ground
that claimants defendants Prince Sage and Dejuan Allbritton each failed to appear for
duly and properly requested examinations under oath ("EUOs") on two separate
occasions, which constituted a violation of a condition precedent to coverage by the
terms of the policy and under the no-fault regulations (NYSCEF Doc. No. 1 [Summons
and Complaint]).
Defendants Timstro Products Corp. and Wendell Gorum MD, P.C. s/h/a W.
Joseph Gorum MD, P.C. filed an answer on January 30, 2025 (NYSCEF Doc. No. 35).
Defendants DS Medical Diagnostics, P.C., Pharmacy On Grand, Inc., and Rashbi
Diagnostics Imaging, Inc. filed and answer with counterclaims on February 21, 2025
(NYSCEF Doc. No. 40); plaintiff filed a reply to the counterclaims on March 5, 2025
(NYSCEF Doc. No. 41). Defendant South Bronx Medical Rehabilitation, P.C. filed an
answer and counterclaims on May 30, 2025 (NYSCEF Doc. No. 48). Defendants TM OS
LLC and Vital Craft OS LLC filed an answer with counterclaims on June 26, 2025
(NYSCEF Doc. No. 49).
Defendant Psychology 21, P.C. filed an answer on March 25, 2025 (NYSCEF Doc.
No. 46); plaintiff sent a notice of rejection on April 2, 2025, on the ground that the
answer was untimely filed (NYSCEF Doc. No. 47).
150025/2025 GOVERNMENT EMPLOYEES INSURANCE COMPANY, INCLUDING ITS Page 2 of 5 SUBSIDIARIES AND AFFILIATES, GEICO GENERAL INSURANCE COMPANY, GEICO INDEMNITY COMPANY AND GEICO CASUAL TY COMPANY vs. CAREMED DME, INC. ET AL Motion No. 001
2 of 5 [* 2] !FILED: NEW YORK COUNTY CLERK 03/02/2026 10: 33 AM! INDEX NO. 150025/2025 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 02/27/2026
On October 31, 2025, plaintiff moved for a default judgment pursuant to CPLR
3215 against all defendants except the ones whose answers it had accepted (Timstro
Products Corp., Wendell Gorum MD, P.C., DS Medical Diagnostics, P.C., Pharmacy On
Grand, Inc., and Rash bi Diagnostics Imaging, Inc., South Bronx Medical Rehabilitation,
P.C., TM OS LLC, and Vital Craft OS LLC), and claimants Sage and Allbritton (whom
plaintiff had been unable to serve despite diligent efforts) (NYSCEF Doc. Nos. 51-64).
Defendant Prime Specialty Pharmacy, LLC subsequently filed an answer with
counterclaims on November 23, 2025 (NYSCEF Doc. No. 65), which plaintiff rejected as
untimely (NYSCEF Doc. No. 66).
Although the answers of defendants Psychology 21, P.C. and Prime Specialty
Pharmacy, LLC were filed late (see CPLR 3012), there is no prejudice, particularly in
light of plaintiffs acceptance of other late answers and its concession that default
judgment is unavailable as to eight other medical provider defendants as well as the two
claimants defendants; in the interest of justice, the Court will deem the answers timely
filed (see Morales v American United Transp., Inc., 214 AD3d 415 [1 st Dept 203]; New
Media Holding Co. LLC v Kagalovsky, 97 AD3d 463 [1 st Dept 2012]).
A plaintiff seeking default judgment against a non-appearing defendant must
move within one year of the default (see CPLR 3215[c]), and file proof of: (1) service of
the summons and complaint, or summons with notice; (2) the facts constituting the
claim; and (3) the default (see CPLR 3215[f]; Bigio v Gooding, 213 AD3d 480, 481 [1 st
Dept 2023]).
To establish the "facts constituting the claim," the movant need only demonstrate
"enough facts to enable a court to determine that a viable cause of action exists"
150025/2025 GOVERNMENT EMPLOYEES INSURANCE COMPANY, INCLUDING ITS Page 3 of 5 SUBSIDIARIES AND AFFILIATES, GEICO GENERAL INSURANCE COMPANY, GEICO INDEMNITY COMPANY AND GEICO CASUAL TY COMPANY vs. CAREMED DME, INC. ET AL Motion No. 001
3 of 5 [* 3] !FILED: NEW YORK COUNTY CLERK 03/02/2026 10: 33 AM! INDEX NO. 150025/2025 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 02/27/2026
(Woodson v Mendon Leasing Corp., 100 NY2d 62, 71 [2003]), which can be effected by
affidavit of a party or by verified complaint, if one has been properly served (see id. at
70; CPLR 3215[±]). The "standard of proof is not stringent, amounting only to some
firsthand confirmation of the facts" (Joosten v Gale, 129 AD2d 531,535 [1 st Dept 1987]).
"The failure of a person eligible for no-fault benefits to appear for a properly
noticed EUO constitutes a breach of a condition precedent vitiating coverage" (Mapfre
Ins. Co. ofNew York v Manoo, 140 AD3d 468,470 [1st Dept 2016]).
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Government Empls. Ins. Co. v Caremed DME, Inc. 2026 NY Slip Op 30694(U) February 27, 2026 Supreme Court, New York County Docket Number: Index No. 150025/2025 Judge: Matthew V. Grieco Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication.
file:///LRB-ALB-FS1/Vol1/ecourts/Process/covers/NYSUP.1500252025.NEW_YORK.001.LBLX000_TO.html[03/10/2026 3:45:50 PM] !FILED: NEW YORK COUNTY CLERK 03/02/2026 10: 33 AM! INDEX NO. 150025/2025 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 02/27/2026
SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. MATTHEW V. GRIECO PART 30M Justice ----------------------------X INDEX NO. 150025/2025 GOVERNMENT EMPLOYEES INSURANCE COMPANY, INCLUDING ITS SUBSIDIARIES AND AFFILIATES, GEICO MOTION DATE 10/30/2025 GENERAL INSURANCE COMPANY, GEICO INDEMNITY COMPANY AND GEICO CASUALTY COMPANY, MOTION SEQ. NO. 001
Plaintiff,
- V -
CAREMED DME, INC.,CHAI DIAGNOSTICS, LLC,CLIFFSIDE PARK IMAGING & DIAGNOSTIC CENTER, LLC,CONCEPT LINE, INC.,DIAGNOSTIC NEUROLOGY, P.C.,DS MEDICAL DIAGNOSTICS, P.C.,FIRST STOP PT, P.C.,FUNCTIONAL REHABILITATION MEDICINE OF NY, P.C.,GLOBAL OS, LLC,KTJ PHYSICAL THERAPY, P.C.,LUMINEX BK, LLC,MB CENTURY, INC.,MEDICAL CARE OF QUEENSBOROUGH, P.C.,PHARMACY ON GRAND, INC.,PRIME SPECIALTY PHARMACY, LLC,PSYCHOLOGY 21, P.C.,RASHBI DIAGNOSTICS DECISION + ORDER ON IMAGING, INC.,REFUAH DIAGNOSTICS, LLC,RIGHT MOTION CHOICE SUPPLY, INC.,RS ORTHO SUPPLY, INC.,SARVAT MEDICAL SUPPLIES CORP., SOUTH BRONX MEDICAL REHABILITATION, P.C.,TARGET CHIROPRACTIC, P.C.,TIMSTRO PRODUCTS CORP., TM OS, LLC,TRI-BOROUGH NY MEDICAL PRACTICE, P.C.,U.K. SINHA PHYSICIAN, P.C.,UPTOWN HEALTHCARE MANAGEMENT, INC. D/B/A AMBULATORY SURGERY CENTER OF EAST TREMONT MEDICAL CENTER, VITAL CRAFT OS, LLC,W JOSEPH GORUM MD, P.C.,WAY TO REHAB PT, P.C.,WELLNESS LINE, INC.,PRINCE SAGE, DEJUAN ALLBRITTON
Defendant. ---------------------------X
The following e-filed documents, listed by NYSCEF document number (Motion 001) 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64 were read on this motion to/for JUDGMENT - DEFAULT
Upon the foregoing documents, and for the reasons stated infra, plaintiffs
motion for a default judgment is granted in part and denied in part.
150025/2025 GOVERNMENT EMPLOYEES INSURANCE COMPANY, INCLUDING ITS Page 1 of 5 SUBSIDIARIES AND AFFILIATES, GEICO GENERAL INSURANCE COMPANY, GEICO INDEMNITY COMPANY AND GEICO CASUAL TY COMPANY vs. CAREMED DME, INC. ET AL Motion No. 001
1 of 5 [* 1] !FILED: NEW YORK COUNTY CLERK 03/02/2026 10: 33 AM! INDEX NO. 150025/2025 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 02/27/2026
On December 31, 2024, plaintiff, Government Employees Insurance Company,
Including Its Subsidiaries and Affiliates, GEICO General Insurance Company, GEICO
Indemnity Company, and GEICO Casualty Company ("GEICO"), commenced this action
for a declaratory judgment that it owes no duty to pay any no-fault claims arising out of
a motor vehicle collision that allegedly occurred on December 10, 2023, on the ground
that claimants defendants Prince Sage and Dejuan Allbritton each failed to appear for
duly and properly requested examinations under oath ("EUOs") on two separate
occasions, which constituted a violation of a condition precedent to coverage by the
terms of the policy and under the no-fault regulations (NYSCEF Doc. No. 1 [Summons
and Complaint]).
Defendants Timstro Products Corp. and Wendell Gorum MD, P.C. s/h/a W.
Joseph Gorum MD, P.C. filed an answer on January 30, 2025 (NYSCEF Doc. No. 35).
Defendants DS Medical Diagnostics, P.C., Pharmacy On Grand, Inc., and Rashbi
Diagnostics Imaging, Inc. filed and answer with counterclaims on February 21, 2025
(NYSCEF Doc. No. 40); plaintiff filed a reply to the counterclaims on March 5, 2025
(NYSCEF Doc. No. 41). Defendant South Bronx Medical Rehabilitation, P.C. filed an
answer and counterclaims on May 30, 2025 (NYSCEF Doc. No. 48). Defendants TM OS
LLC and Vital Craft OS LLC filed an answer with counterclaims on June 26, 2025
(NYSCEF Doc. No. 49).
Defendant Psychology 21, P.C. filed an answer on March 25, 2025 (NYSCEF Doc.
No. 46); plaintiff sent a notice of rejection on April 2, 2025, on the ground that the
answer was untimely filed (NYSCEF Doc. No. 47).
150025/2025 GOVERNMENT EMPLOYEES INSURANCE COMPANY, INCLUDING ITS Page 2 of 5 SUBSIDIARIES AND AFFILIATES, GEICO GENERAL INSURANCE COMPANY, GEICO INDEMNITY COMPANY AND GEICO CASUAL TY COMPANY vs. CAREMED DME, INC. ET AL Motion No. 001
2 of 5 [* 2] !FILED: NEW YORK COUNTY CLERK 03/02/2026 10: 33 AM! INDEX NO. 150025/2025 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 02/27/2026
On October 31, 2025, plaintiff moved for a default judgment pursuant to CPLR
3215 against all defendants except the ones whose answers it had accepted (Timstro
Products Corp., Wendell Gorum MD, P.C., DS Medical Diagnostics, P.C., Pharmacy On
Grand, Inc., and Rash bi Diagnostics Imaging, Inc., South Bronx Medical Rehabilitation,
P.C., TM OS LLC, and Vital Craft OS LLC), and claimants Sage and Allbritton (whom
plaintiff had been unable to serve despite diligent efforts) (NYSCEF Doc. Nos. 51-64).
Defendant Prime Specialty Pharmacy, LLC subsequently filed an answer with
counterclaims on November 23, 2025 (NYSCEF Doc. No. 65), which plaintiff rejected as
untimely (NYSCEF Doc. No. 66).
Although the answers of defendants Psychology 21, P.C. and Prime Specialty
Pharmacy, LLC were filed late (see CPLR 3012), there is no prejudice, particularly in
light of plaintiffs acceptance of other late answers and its concession that default
judgment is unavailable as to eight other medical provider defendants as well as the two
claimants defendants; in the interest of justice, the Court will deem the answers timely
filed (see Morales v American United Transp., Inc., 214 AD3d 415 [1 st Dept 203]; New
Media Holding Co. LLC v Kagalovsky, 97 AD3d 463 [1 st Dept 2012]).
A plaintiff seeking default judgment against a non-appearing defendant must
move within one year of the default (see CPLR 3215[c]), and file proof of: (1) service of
the summons and complaint, or summons with notice; (2) the facts constituting the
claim; and (3) the default (see CPLR 3215[f]; Bigio v Gooding, 213 AD3d 480, 481 [1 st
Dept 2023]).
To establish the "facts constituting the claim," the movant need only demonstrate
"enough facts to enable a court to determine that a viable cause of action exists"
150025/2025 GOVERNMENT EMPLOYEES INSURANCE COMPANY, INCLUDING ITS Page 3 of 5 SUBSIDIARIES AND AFFILIATES, GEICO GENERAL INSURANCE COMPANY, GEICO INDEMNITY COMPANY AND GEICO CASUAL TY COMPANY vs. CAREMED DME, INC. ET AL Motion No. 001
3 of 5 [* 3] !FILED: NEW YORK COUNTY CLERK 03/02/2026 10: 33 AM! INDEX NO. 150025/2025 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 02/27/2026
(Woodson v Mendon Leasing Corp., 100 NY2d 62, 71 [2003]), which can be effected by
affidavit of a party or by verified complaint, if one has been properly served (see id. at
70; CPLR 3215[±]). The "standard of proof is not stringent, amounting only to some
firsthand confirmation of the facts" (Joosten v Gale, 129 AD2d 531,535 [1 st Dept 1987]).
"The failure of a person eligible for no-fault benefits to appear for a properly
noticed EUO constitutes a breach of a condition precedent vitiating coverage" (Mapfre
Ins. Co. ofNew York v Manoo, 140 AD3d 468,470 [1st Dept 2016]).
Here, plaintiff has demonstrated that it is entitled to a default judgment by
submitting, inter alia: the summons and verified complaint (NYSCEF Doc. No. 1);
affidavits of service (NYSCEF Doc. Nos. 2, 4-7, 9-15, 20-23, 25, 28-30, 33-35, 50); an
affirmation of a GEICO claims adjuster, attesting to files maintained in this case,
including claims received from or on behalf of the two claimants, GEICO's standard
business and mailing practices, and the reasons GEICO sought EUOs for both claimants
(NYSCEF Doc. No. 53); an affirmation of a GEICO EUO coordinator, attesting to the
timely mailing and scheduling of at least two EUOs for each of the claimants, and both
claimants' failure to appear at any EUO (NYSCEF Doc. No. 54); the EUO notices and
transcripts (NYSCEF Doc. No. 59); a Department of Motor Vehicles MV-104 accident
report (NYSCEF Doc. No. 57); no-fault claims forms (NYSCEF Doc. No. 58); and an
attorney affirmation in support of the motion (NYSCEF Doc. No. 52).
It is therefore
ORDERED that plaintiffs motion for default judgment is granted as to
defendants Caremed DME, Inc., Chai Diagnostics, LLC, Cliffside Park Imaging &
Diagnostic Center, LLC, Concept Line, Inc., Diagnostic Neurology, P.C., First Stop PT,
150025/2025 GOVERNMENT EMPLOYEES INSURANCE COMPANY, INCLUDING ITS Page 4 of 5 SUBSIDIARIES AND AFFILIATES, GEICO GENERAL INSURANCE COMPANY, GEICO INDEMNITY COMPANY AND GEICO CASUAL TY COMPANY vs. CAREMED DME, INC. ET AL Motion No. 001
4 of 5 [* 4] !FILED: NEW YORK COUNTY CLERK 03/02/2026 10: 33 AM! INDEX NO. 150025/2025 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 02/27/2026
P.C., Functional Rehabilitation Medicine of NY, P.C., Global OS, LLC, KTJ Physical
Therapy, P.C., Luminex BK, LLC, MB Century, Inc., Medical Care of Queensborough,
P.C., Refuah Diagnostics, LLC, Right Choice Supply, Inc., RS Ortho Supply, Inc., Sarvat
Medical Suppli~s Corp., Target Chiropractic, P.C., Tri-Borough NY Medical Practice,
P.C., U.K. Sinha Physician, P.C., Uptown Healthcare Management, Inc. d/b/a
Ambulatory Surgery Center of East Tremont Medical Center, Way To Rehab PT, P.C.,
Wellness Line, Inc.; and it is further
ORDERED that the answers of defendants Psychology 21, P.C. and Prime
Specialty Pharmacy, LLC are deemed timely filed; and it is further
ORDERED that plaintiff's motion for default judgment is denied as to defendants
Psychology 21, P.C. and Prime Specialty Pharmacy, LLC; and it is further
ORDERED that the Clerk is directed to enter judgment declaring that plaintiff,
GEICO, has no duty to provide no-fault reimbursements to the defaulting defendants for
any claim or bill submitted by or on behalf of claimants Sage or Allbritton arising out of
the alleged incident of December 10, 2023, GEICO claim number 8798168450000001.
2/27/2026 DATE MATTt!tEW V. GRIECO, J.S.C.
§ CHECK ONE: CASE DISPOSED NON-FINAL DISPOSITION
APPLICATION:
CHECK IF APPROPRIATE: 8 GRANTED SETTLE ORDER □ DENIED
INCLUDES TRANSFER/REASSIGN GRANTED IN PART
SUBMIT ORDER
FIDUCIARY APPOINTMENT □ OTHER
□ REFERENCE
150025/2025 GOVERNMENT EMPLOYEES INSURANCE COMPANY, INCLUDING ITS Page 5 of 5 SUBSIDIARIES AND AFFILIATES, GEICO GENERAL INSURANCE COMPANY, GEICO INDEMNITY COMPANY AND GEICO CASUAL TY COMPANY vs. CAREMED DME, INC. ET AL Motion No. 001
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