Hereford Ins. Co. v. All City Family Healthcare

2024 NY Slip Op 33546(U)

Opinion

Hereford Ins. Co. v All City Family Healthcare 2024 NY Slip Op 33546(U)

October 7, 2024

Supreme Court, New York County Docket Number: Index No. 153734/2022 Judge: Judy H. Kim

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.

NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 10/07/2024

SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY

PRESENT: HON. JUDY H. KIM PART 04 Justice

----------------------------------------------------------------- ----------------X INDEX NO. 153734/2022 HEREFORD INSURANCE COMPANY, MOTION DATE 09/15/2024 Plaintiff,

MOTION SEQ. NO. 003 - V -

ALL CITY FAMILY HEALTHCARE, AMERICAN MEDICAL INITIATIVES PC,BAY RIDGE ORTHOPEDIC ASSOC., COME CHIROPRACTIC PC,DR. SIMEON ISAACS, EAST COAST MED GROUP INC.,ELENA BORISOVNA STYBEL, ERIC KENWORTHY, GOOD MEDICA INC.,HEADLAM MEDICAL PROFESSIONAL CORP., IDEAL CARE PHARMACY INC.,ISLAND AMBULATORY SURGERY CENTER, INTEGRATIVE FAMILY HEALTH NP PLLC,INTERVENTIONAL PHYSICAL MEDICINE AND REHAB OF NEW YORK PLLC,JOSEPH RAIA MD DECISION + ORDER ON PC,LENCO DIAGNOSTIC LABORATORY, LORRAINE MOTION RIOTTO, LR MEDICAL PLLC,MARK H. VINE, NEXT STEP HEALING INC.,PSG PSYCHOLOGY PLLC,QUALITY CARE RX INC.,REHAB TIME PT PC,RIGHT CHOICE SUPPLY INC.,SEDATION VACATION PERIOPERATIVE MEDICINE PLLC,SINAI DIAGNOSTICS LLC,WIZARD COMPUTER SERVICES, INC.,XPERT SUPPLY CORP., YUREV MICHAEL, DUCKENS MICHEL, JOSEPH ERBENS, YVENOL JUSTE,

Defendants.

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The following e-filed documents, listed by NYSCEF document number (Motion 003) 112, 113, 114, 115, 116, 118, 121 were read on this motion to AMEND CAPTION/PLEADINGS

Upon the foregoing documents, plaintiffs motion for leave to amend the pleadings

pursuant to CPLR 3025(b) is granted.

Plaintiff commenced this action on April 29, 2022, seeking a declaratory judgment that

plaintiff is not obligated to pay any no-fault benefits for the medical treatment of defendants

Duckens Michel, Joseph Erbens, and Yvenol Juste for injuries allegedly sustained in a motor

vehicle collision on August 30, 2021 (NYSCEF Doc. No. 1 [Complaint]). 153734/2022 HEREFORD INSURANCE COMPANY vs. ALL CITY FAMILY HEALTHCARE ET AL Page 1 of4 Motion No. 003

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NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 10/07/2024

On February 7, 2023, plaintiff moved for a default judgment against defendants Come

Chiropractic PC, East Coast Med Group Inc., Good Medica Inc., Island Ambulatory Surgery

Center, Interventional Physical Medicine and Rehab Of New York PLLC, Joseph Raia MD PC,

Lenco Diagnostic Laboratory, Next Step Healing Inc., Quality Care Rx Inc., Right Choice Supply

Inc., Sedation Vacation Perioperative Medicine PLLC, Sinai Diagnostics LLC, and Wizard

Computer Services, Inc., which motion was granted on March 13, 2023 (NSYCEF Doc. No. 97).

Plaintiff now moves to amend the pleadings to include Grace Medical Health Provider, PC

and Northeast Medical Devices LLC as additional defendants.

DISCUSSION

As an initial matter, since plaintiff has, after filing this motion, reached a settlement with

defendant Northeast Medical Devices LLC and preemptively "discontinued" this action as against

it (NYSCEF Doc. No. 118), the branch of its motion to amend its pleadings to add Northeast

Medical Devices LLC as a defendant is denied as moot.

However, the remainder of plaintiff's motion, to amend its pleadings to add Grace Medical

Health Provider, PC as a defendant, is granted. "Leave to amend pleadings under CPLR 3025(b)

should be freely given and denied only if there is prejudice or surprise resulting directly from the

delay or if the proposed amendment is palpably improper or insufficient as a matter of law"

(McGhee v Odell, 96 AD3d 449,450 [1st Dept 2012] [internal citations and quotations omitted]).

and the amendments sought is neither palpably improper nor insufficient as a matter oflaw.

Accordingly, it is

ORDERED that plaintiff's motion for leave to amend the complaint to add is granted, in

part, and the action shall bear the following caption: 1

1

The proposed Amended Summons and Complaint submitted by plaintiff in connection with this motion includes the discontinued defendants All City Family Healthcare, Dr. Simeon Isaacs, Elena Borisovna Stybel Md, Eric Kenworthy, 153734/2022 HEREFORD INSURANCE COMPANY vs. ALL CITY FAMILY HEALTHCARE ET AL Page 2 of 4 Motion No. 003

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NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 10/07/2024

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------------------------- ---------X HEREFORD INSURANCE COMPANY,

Plaintiff, Index No. 153734/2022

-against-

AMERICAN MEDICAL INITIATIVES PC, BAY RIDGE ORTHOPEDIC ASSOC, COME CHIROPRACTIC PC, EAST COAST MED GROUP INC., GOOD MEDICA INC., ISLAND AMBULATORY SURGERY CENTER, INTERVENTIONAL PHYSICAL MEDICINE AND REHAB OF NEW YORK PLLC, JOSEPH RAIA MD PC, LENCO DIAGNOSTIC LABORATORY, NEXT STEP HEALING INC., QUALITY CARE RX INC., RIGHT CHOICE SUPPLY INC., SEDATION VACATION PERIOPERATIVE MEDICINE PLLC, SINAI DIAGNOSTICS LLC, WIZARD COMPUTER SERVICES, INC. MARK H. VINE, DUCKENS MICHEL, JOSEPH ERBENS, YVENOL JUSTE, and GRACE MEDICAL HEAL TH PROVIDER, PC,

Defendants.

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and it is further

ORDERED that plaintiff shall serve a Supplemental Summons and Amended Verified

Complaint, amended to reflect the above caption, along with a copy of this decision and order with

notice of entry, on Grace Medical Health Provider, PC, within twenty days of the date of this

decision and order, in accordance with the CPLR; and it is further

ORDERED that this Supplemental Summons and Amended Verified Complaint, amended

to reflect the above caption, shall be deemed served upon all parties who have previously appeared

in the action upon plaintiffs service of a copy of this decision and order, with notice of entry, on

those parties; and it is further

MD, Headlam Medical Professional Corp., Ideal Care Pharmacy Inc., Integrative Family Health NP PLLC, Lorraine Riotto MD, LR Medical PLLC, PSG Psychology PLLC, Rehab Time Pt PC, Xpert Supply Corp., and Yurev Michael.

153734/2022 HEREFORD INSURANCE COMPANY vs. ALL CITY FAMILY HEALTHCARE ET AL Page 3 of 4 Motion No. 003

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NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 10/07/2024

ORDERED that counsel for plaintiff shall serve a copy of this decision and order, with

notice ofentry, upon the County Clerk (60 Centre Street, Room 141B) and the Clerk of the General

Clerk's Office (60 Centre Street, Room 119), who are directed to mark the court's records to reflect

the amended caption set forth above; and it is further

ORDERED that such service upon the County Clerk and the Clerk of the General Clerk's

Office shall be made in accordance with the procedures set forth in the Protocol on Courthouse

and County Clerk Procedures for Electronically Filed Cases (accessible at the "E-Filing" page on

the court's website at the address (www.nycourts.gov/supctmanh).

This constitutes the decision and order of the Court.

10/7/2024

DATE HON. JUDY H. KIM, J.S.C.

CHECK ONE: CASE DISPOSED NON-FINAL DISPOSITION

GRANTED □ DENIED GRANTED IN PART □ OTHER APPLICATION: SETTLE ORDER SUBMIT ORDER

CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT □ REFERENCE

153734/2022 HEREFORD INSURANCE COMPANY vs. ALL CITY FAMILY HEALTHCARE ET AL Page4 of 4 Motion No. 003

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