Hertz Vehs., LLC v. 999 Coney Is. Enters., Inc.

2026 NY Slip Op 31038(U)

• Court: New York Supreme Court, New York County
• Decided: March 17, 2026
• Docket: Index No. 161068/2024
• Status: Unpublished
• Author: Emily Morales-Minerva

Opinion

Hertz Vehs., LLC v 999 Coney Is. Enters., Inc. 2026 NY Slip Op 31038(U) March 17, 2026 Supreme Court, New York County Docket Number: Index No. 161068/2024 Judge: Emily Morales-Minerva 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.1610682024.NEW_YORK.001.LBLX000_TO.html[03/25/2026 3:45:49 PM] FILED: NEW YORK COUNTY CLERK 03/17/2026 03:28 PM INDEX NO. 161068/2024 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 03/17/2026

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: PART 42M --------------------X HERTZ VEHICLES, LLC,AND ALL OF ITS AFFILIATES INDEX NO. 161068/2024 AND SUBSIDIARIES, INCLUDING BUT NOT LIMITED TO THE HERTZ CORPORATION AND HERTZ CO., MOTION DATE 08/01/2025 Plaintiff, MOTION SEQ. NO. 001 - V -

999 CONEY ISLAND ENTERPRISES, INC.,ACTIVE LIFE CHIROPRACTIC, P.C.,ATLANTIC MEDICAL & DECISION+ ORDER ON DIAGNOSTIC, P.C.,BANAY PHYSICAL THERAPY, MOTION P.C.,BIG APPLE DELIVERY SUPPLY CORP., FRESH POND PHARMACY, INC.,GOAL PHYSICAL THERAPY, P.C.,GRANDVIEW SUPPLY, INC.,HORIZON MEDICAL, P.C.,JULES FRANCOIS PARISIEN, M.D., METROCARE MEDICAL, P.C.,MOUNT OLYMPUS IMAGING, LLC,QUEENS MEDICAL PROFESSIONAL, P.C.,ROMAN VAYNSHTEYN CHIROPRACTIC, P.C.,SPECTRUM DIAGNOSTIC IMAGING, P.C.,SUNSET MEDICAL SUPPLY, INC.,TRIUMPH PHARMACY, LLC,DEMICHAEL WOODS,

Defendants. --------------------X

The following e-filed documents, listed by NYSCEF document number (Motion 001) 37, 38, 39, 40, 41, 42,43,44,45,46,47,48,49,50,51,52,53,54,57,58,59,60,61,62,63,64 were read on this motion to/for JUDGMENT - DEFAULT APPEARANCES:

Gallo Vitucci Klar LLP, New York, NY (Michael Edward Tomsky, Esq., of counsel), for plaintiff.

EMILY MORALES-MINERVA, J.S.C.

In this action seeking a declaratory judgment, plaintiff

HERTZ VEHICLES, and all of its affiliates and subsidiaries,

including but not limited to THE HERTZ CORPORATION AND HERTZ CO.

moves, by notice of motion (sequence number 001), pursuant to

CPLR § 3215, for an order granting it a default judgment against

161068/2024 HERTZ VEHICLES, LLC, AND ALL OF ITS AFFILIATES AND SUBSIDIARIES, Page 1 of 5 INCLUDING BUT NOT LIMITED TO THE HERTZ CORPORATION AND HERTZ CO., vs. 999 CONEY ISLAND ENTERPRISES, INC. ET AL Motion No. 001

[* 1] 1 of 5 FILED: NEW YORK COUNTY CLERK 03/17/2026 03:28 PM INDEX NO. 161068/2024 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 03/17/2026

defendants 99 CONEY ISLAND ENTERPRISES, INC., ACTIVE LIFE

CHIROPRACTIC, P.C., ATLANTIC MEDICAL & DIAGNOSTIC, P.C.,

GRANDVIEW SUPPLY, INC., SPECTRUM DIAGNOSTIC IMAGING, P.C.,

SUNSET MEDICAL SUPPLY, P.C., TRIUMPH PHARMACY, LLC and DEMICHAEL

WOODS.

When a defendant fails "to appear, plead or proceed to

trial of an action reached and called for trial, or when the

court orders a dismissal for any other neglect to proceed, the

plaintiff may seek a default judgment against [the defendant]"

(CPLR § 3215 [a]). To establish entitlement to a default

judgment, plaintiff must file (1) proof it served defendant with

the summons and complaint, and (2) "proof of the facts

constituting the claim, the default, and the amount due . by

affidavit made by the party" (see CPLR § 3215 [f]; see also

Woodson v Mendon Leasing Corp., 100 NY2d 62, 70 [2003]

[providing that "an applicant for a default judgment [must] file

'proof by affidavit made by the party of the facts constituting

the claim'"]; 231st Riverdale LLC v 7 Star Home Furniture Inc.,

198 AD3d 524, 525 [1st Dept 2021]; Feffer v Malpeso, 210 AD2d 60

[1st Dept 1994]).

Here, plaintiff demonstrates its entitlement to entry of a

default judgment against defendants 99 CONEY ISLAND ENTERPRISES,

INC., ACTIVE LIFE CHIROPRACTIC, P.C., ATLANTIC MEDICAL &

DIAGNOSTIC, P.C., GRANDVIEW SUPPLY, INC., SPECTRUM DIAGNOSTIC 161068/2024 HERTZ VEHICLES, LLC, AND ALL OF ITS AFFILIATES AND SUBSIDIARIES, Page 2 of 5 INCLUDING BUT NOT LIMITED TO THE HERTZ CORPORATION AND HERTZ CO., vs. 999 CONEY ISLAND ENTERPRISES, INC. ET AL Motion No. 001

[* 2] 2 of 5 FILED: NEW YORK COUNTY CLERK 03/17/2026 03:28 PM INDEX NO. 161068/2024 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 03/17/2026

IMAGING, P.C., SUNSET MEDICAL SUPPLY, P.C., and TRIUMPH PHARMACY

LLC. Plaintiff submits, among other things, the affirmations of

service; the affirmations of additional mailing; the affirmation

of Katie Jones-Goodlund, no-fault claims adjuster; the

examination under oath appointment letters with corresponding

affirmations of service; and an attorney affirmation (see CPLR §

3215 [f]; see also Licurgo-Villar v Samouha, 227 AD3d 619, 620

[1st Dept 2024]; Guzetti v City of New York, 32 AD3d 234 [1st

Dept 2006]).

However, plaintiff has not demonstrated its entitlement to

entry of a default judgment against defendant DEMICHAEL WOODS.

The affidavit of service pursuant to CPLR § 308 (4) is

defective.

Accordingly, it is hereby

ORDERED that plaintiff's motion (seq. no. 001) for a

default judgment against defendants 99 CONEY ISLAND ENTERPRISES,

DIAGNOSTIC, P.C., GRANDVIEW SUPPLY, INC., SPECTRUM DIAGNOSTIC

IMAGING, P.C., SUNSET MEDICAL SUPPLY, P.C., and TRIUMPH PHARMACY

LLC is granted; it is further

ORDERED that the Clerk of Court is directed to enter

judgment in favor of plaintiff HERTZ VEHICLES, and all of its

affiliates and subsidiaries, including but not limited to THE

HERTZ CORPORATION AND HERTZ CO., and against defendants 99 CONEY 161068/2024 HERTZ VEHICLES, LLC, AND ALL OF ITS AFFILIATES AND SUBSIDIARIES, Page 3 of5 INCLUDING BUT NOT LIMITED TO THE HERTZ CORPORATION AND HERTZ CO., vs. 999 CONEY ISLAND ENTERPRISES, INC. ET AL Motion No. 001

[* 3] 3 of 5 FILED: NEW YORK COUNTY CLERK 03/17/2026 03:28 PM INDEX NO. 161068/2024 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 03/17/2026

ISLAND ENTERPRISES, INC., ACTIVE LIFE CHIROPRACTIC, P.C.,

ATLANTIC MEDICAL & DIAGNOSTIC, P.C., GRANDVIEW SUPPLY, INC.,

SPECTRUM DIAGNOSTIC IMAGING, P.C., SUNSET MEDICAL SUPPLY, P.C.,

and TRIUMPH PHARMACY LLC; it is further

ORDERED and ADJUDGED that plaintiff HERTZ VEHICLES, and all

of its affiliates and subsidiaries, including but not limited to

THE HERTZ CORPORATION AND HERTZ CO., is not obligated to honor

or pay any current or future claims from defendants 99 CONEY

SPECTRUM DIAGNOSTIC IMAGING, P.C., SUNSET MEDICAL SUPPLY, P.C.,

and TRIUMPH PHARMACY LLC pursuant to claim number

1M01M013761703; it is further

ORDERED that, within twenty days from the date of this

decision and order, plaintiff shall serve a copy of this order,

with notice of entry, on defendants 99 CONEY ISLAND ENTERPRISES,

DIAGNOSTIC, P.C., GRANDVIEW SUPPLY, INC., SPECTRUM DIAGNOSTIC

IMAGING, P.C., SUNSET MEDICAL SUPPLY, P.C., and TRIUMPH PHARMACY

LLC, as well as on the Clerk of the Court, who shall enter

judgment accordingly; it is further

ORDERED that plaintiff's motion {seq. no. 001) for a

default judgment against defendant DEMICHAEL WOODS is denied,

without prejudice; and it is further 161068/2024 HERTZ VEHICLES, LLC, AND ALL OF ITS AFFILIATES AND SUBSIDIARIES, Page4of5 INCLUDING BUT NOT LIMITED TO THE HERTZ CORPORATION AND HERTZ CO., vs. 999 CONEY ISLAND ENTERPRISES, INC. ET AL Motion No. 001

[* 4] 4 of 5 FILED: NEW YORK COUNTY CLERK 03/17/2026 03:28 PM INDEX NO. 161068/2024 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 03/17/2026

ORDERED that the Clerk of Court shall mark the file

accordingly.

3/17/2026 DATE

~ 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

161068/2024 HERTZ VEHICLES, LLC, AND ALL OF ITS AFFILIATES AND SUBSIDIARIES, Page 5of 5 INCLUDING BUT NOT LIMITED TO THE HERTZ CORPORATION AND HERTZ CO., vs. 999 CONEY ISLAND ENTERPRISES, INC. ET AL Motion No. 001

[* 5] 5 of 5