Hertz Vehs., LLC v A & R Med. Supply Corp 2026 NY Slip Op 30929(U) March 9, 2026 Supreme Court, New York County Docket Number: Index No. 151977/2025 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.1519772025.NEW_YORK.001.LBLX000_TO.html[03/20/2026 3:45:58 PM] !FILED: NEW YORK COUNTY CLERK 03/10/2026 04:23 P~ INDEX NO. 151977/2025 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 03/10/2026
SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. MATTHEW V. GRIECO PART 30M Justice -------------------------------------------------------X INDEX NO. 151977/2025 HERTZ VEHICLES, LLC, AND ALL OF ITS AFFILIATES MOTION DATE 10/07/2025 AND SUBSIDIARIES, INCLUDING BUT NOT LIMITED TO THE HERTZ CORPORATION, AND HERTZ CO., MOTION SEQ. NO. 001 Plaintiff,
- V -
A AND R MEDICAL SUPPLY CORP, ACCELERATED SURGICAL CENTER A/KIA ACCELERATED SURGICAL CENTER OF NORTH JERSEY, LLC, AMERICAN MEDICAL INITIATIVES, P.C., BARNERT AAS, P.C., CENTER MEDICAL SUPPLIES, INC., DEMCH MEDEX CORP, ETMC PHARMACY INC., FAT RABBIT ORTHOPEDICS, PLLC, LINDEN BLVD SUPPLIES, INC., M & R EXPRESS DECISION + ORDER ON MEDICAL SUPPLY, INC., M.S. PHYSICAL THERAPY, P.C., MOTION ORTHOCARE SOLUTIONS, INC., PREVAIL PHARMACY, INC., STAR LIGHT SUPPLY, LLC, TITAN DIAGNOSTIC IMAGING SERVICES, INC., TOP STAR SUPPLIES, INC., UPTOWN HEALTH CARE MANAGEMENT, INC. D/B/A EAST TREMONT MEDICAL CENTER, YS HEALTHCARE CHIROPRACTIC DIAGNOSTIC, P.C., LEON WHICHARD, MATTHEW BROWN
Defendants. -------------------------------------------------------------------------X
The following e-filed documents, listed by NYSCEF document number (Motion 001) 35, 36, 37, 38, 39, 40,41,42,43,44,45,46,47,48,49, 50, 51, 52, 53, 54, 55, 56 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.
On February 12, 2025, plaintiff, Hertz Vehicles, LLC, and All of Its Affiliates and
Subsidiaries, Including but Not Limited to the Hertz Corporation and Hertz Co.
("Hertz"), 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
July 22, 2024, on the ground that the claimants defendants, Leon Justin Whichard and
151977/2025 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. A AND R MEDICAL SUPPLY CORP ET AL Motion No. 001
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Matthew Brown, each failed to appear for duly and properly requested examinations
under oath ("EUOs") on two 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 Accelerated Surgical Center a/k/ a Accelerated Surgical Center of
North Jersey, LLC, Barnert AAS, P.C., ETMC Pharmacy Inc., Fat Rabbit Orthopedics,
PLLC, Uptown Health Care Management, Inc. d/b/a East Tremont Medical Center, and
YS Healthcare Chiropractic Diagnostic, P.C filed timely answers (NYSCEF Doc. Nos. 21,
23). Plaintiff has been unable to locate the claimants, Whichard and Brown, for service
(NYSCEF Doc. No. 36 at 2 n. 2).
On October 7, 2025, plaintiff moved for a default judgment pursuant to CPLR
3215 against all the served non-answering defendants (NYSCEF Doc. Nos. 35-36).
By stipulation dated January 8, 2026 NYSCEF Doc. No. 56), plaintiff accepted
the late answer of defendants A and R Medical Supply Corp., Linden Blvd. Supplies,
Inc., and M & R Express Medical Supply, Inc. (NYSCEF Doc. No. 31), and withdrew its
default judgment motion as to them.
Plaintiff now seeks default judgment against the remaining non-answering
defendants: American Medical Initiatives, P.C., Center Medical Supplies, Inc., Demch
Medex Corp., M.S. Physical Therapy, P.C., Orthocare Solutions, Inc., Prevail Pharmacy,
Inc., Star Light Supply, LLC, Titan Diagnostic Imaging Services, Inc., and Top Star
Supplies, Inc.
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
151977/2025 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. A AND R MEDICAL SUPPLY CORP ET AL Motion No. 001
2 of 5 [* 2] !FILED: NEW YORK COUNTY CLERK 03/10/2026 04:23 P~ INDEX NO. 151977/2025 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 03/10/2026
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"
(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[f]). The "standard of proof is not stringent, amounting only to some
firsthand confirmation of the facts" (Joosten v Gale, 129 AD2d 531, 535 [1st 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. of New 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 and additional service in compliance with CPLR 3215(g)(4)
(NYSCEF Doc. Nos. 4, 6-7, 12-17, 33-34); an affirmation of a claims adjuster, employed
by a third-party administrator for Hertz, ESIS, Inc., attesting to claims received from or
on behalf of claimants Whichard and Brown, the reasons Hertz requested EUOs for both
claimants, the timely mailing and scheduling of at least two EUOs for each claimant, and
both claimants' failure to appear at any EUO (NYSCEF Doc. No. 38); affirmations of an
attorney, attesting to his firm's business practices in generating and mailing EUO
notices, his review of the files, and his personal presence and both claimants' failure to
appear at all the scheduled EUOs (NYSCEF Doc. No. 37, 43); a police accident report
151977/2025 HERTZ VEHICLES, LLC, AND ALL OF ITS AFFILIATES AND SUBSIDIARIES, Page 3 of 5 INCLUDING BUT NOT LIMITED TO THE HERTZ CORPORATION, AND HERTZ CO. vs. A AND R MEDICAL SUPPLY CORP ET AL Motion No. 001
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(NYSCEF Doc. No. 41); no-fault claims forms (NYSCEF Doc. Nos. 44-45); EUO
scheduling letters with affidavits of service (NYSCEF Doc. No. 43); and an affirmation of
counsel in support of the motion (NYSCEF Doc. No. 36).
It is therefore
ORDERED that plaintiffs motion for default judgment is granted as to
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Hertz Vehs., LLC v A & R Med. Supply Corp 2026 NY Slip Op 30929(U) March 9, 2026 Supreme Court, New York County Docket Number: Index No. 151977/2025 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.1519772025.NEW_YORK.001.LBLX000_TO.html[03/20/2026 3:45:58 PM] !FILED: NEW YORK COUNTY CLERK 03/10/2026 04:23 P~ INDEX NO. 151977/2025 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 03/10/2026
SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. MATTHEW V. GRIECO PART 30M Justice -------------------------------------------------------X INDEX NO. 151977/2025 HERTZ VEHICLES, LLC, AND ALL OF ITS AFFILIATES MOTION DATE 10/07/2025 AND SUBSIDIARIES, INCLUDING BUT NOT LIMITED TO THE HERTZ CORPORATION, AND HERTZ CO., MOTION SEQ. NO. 001 Plaintiff,
- V -
A AND R MEDICAL SUPPLY CORP, ACCELERATED SURGICAL CENTER A/KIA ACCELERATED SURGICAL CENTER OF NORTH JERSEY, LLC, AMERICAN MEDICAL INITIATIVES, P.C., BARNERT AAS, P.C., CENTER MEDICAL SUPPLIES, INC., DEMCH MEDEX CORP, ETMC PHARMACY INC., FAT RABBIT ORTHOPEDICS, PLLC, LINDEN BLVD SUPPLIES, INC., M & R EXPRESS DECISION + ORDER ON MEDICAL SUPPLY, INC., M.S. PHYSICAL THERAPY, P.C., MOTION ORTHOCARE SOLUTIONS, INC., PREVAIL PHARMACY, INC., STAR LIGHT SUPPLY, LLC, TITAN DIAGNOSTIC IMAGING SERVICES, INC., TOP STAR SUPPLIES, INC., UPTOWN HEALTH CARE MANAGEMENT, INC. D/B/A EAST TREMONT MEDICAL CENTER, YS HEALTHCARE CHIROPRACTIC DIAGNOSTIC, P.C., LEON WHICHARD, MATTHEW BROWN
Defendants. -------------------------------------------------------------------------X
The following e-filed documents, listed by NYSCEF document number (Motion 001) 35, 36, 37, 38, 39, 40,41,42,43,44,45,46,47,48,49, 50, 51, 52, 53, 54, 55, 56 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.
On February 12, 2025, plaintiff, Hertz Vehicles, LLC, and All of Its Affiliates and
Subsidiaries, Including but Not Limited to the Hertz Corporation and Hertz Co.
("Hertz"), 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
July 22, 2024, on the ground that the claimants defendants, Leon Justin Whichard and
151977/2025 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. A AND R MEDICAL SUPPLY CORP ET AL Motion No. 001
1 of 5 [* 1] !FILED: NEW YORK COUNTY CLERK 03/10/2026 04:23 P~ INDEX NO. 151977/2025 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 03/10/2026
Matthew Brown, each failed to appear for duly and properly requested examinations
under oath ("EUOs") on two 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 Accelerated Surgical Center a/k/ a Accelerated Surgical Center of
North Jersey, LLC, Barnert AAS, P.C., ETMC Pharmacy Inc., Fat Rabbit Orthopedics,
PLLC, Uptown Health Care Management, Inc. d/b/a East Tremont Medical Center, and
YS Healthcare Chiropractic Diagnostic, P.C filed timely answers (NYSCEF Doc. Nos. 21,
23). Plaintiff has been unable to locate the claimants, Whichard and Brown, for service
(NYSCEF Doc. No. 36 at 2 n. 2).
On October 7, 2025, plaintiff moved for a default judgment pursuant to CPLR
3215 against all the served non-answering defendants (NYSCEF Doc. Nos. 35-36).
By stipulation dated January 8, 2026 NYSCEF Doc. No. 56), plaintiff accepted
the late answer of defendants A and R Medical Supply Corp., Linden Blvd. Supplies,
Inc., and M & R Express Medical Supply, Inc. (NYSCEF Doc. No. 31), and withdrew its
default judgment motion as to them.
Plaintiff now seeks default judgment against the remaining non-answering
defendants: American Medical Initiatives, P.C., Center Medical Supplies, Inc., Demch
Medex Corp., M.S. Physical Therapy, P.C., Orthocare Solutions, Inc., Prevail Pharmacy,
Inc., Star Light Supply, LLC, Titan Diagnostic Imaging Services, Inc., and Top Star
Supplies, Inc.
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
151977/2025 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. A AND R MEDICAL SUPPLY CORP ET AL Motion No. 001
2 of 5 [* 2] !FILED: NEW YORK COUNTY CLERK 03/10/2026 04:23 P~ INDEX NO. 151977/2025 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 03/10/2026
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"
(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[f]). The "standard of proof is not stringent, amounting only to some
firsthand confirmation of the facts" (Joosten v Gale, 129 AD2d 531, 535 [1st 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. of New 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 and additional service in compliance with CPLR 3215(g)(4)
(NYSCEF Doc. Nos. 4, 6-7, 12-17, 33-34); an affirmation of a claims adjuster, employed
by a third-party administrator for Hertz, ESIS, Inc., attesting to claims received from or
on behalf of claimants Whichard and Brown, the reasons Hertz requested EUOs for both
claimants, the timely mailing and scheduling of at least two EUOs for each claimant, and
both claimants' failure to appear at any EUO (NYSCEF Doc. No. 38); affirmations of an
attorney, attesting to his firm's business practices in generating and mailing EUO
notices, his review of the files, and his personal presence and both claimants' failure to
appear at all the scheduled EUOs (NYSCEF Doc. No. 37, 43); a police accident report
151977/2025 HERTZ VEHICLES, LLC, AND ALL OF ITS AFFILIATES AND SUBSIDIARIES, Page 3 of 5 INCLUDING BUT NOT LIMITED TO THE HERTZ CORPORATION, AND HERTZ CO. vs. A AND R MEDICAL SUPPLY CORP ET AL Motion No. 001
3 of 5 [* 3] !FILED: NEW YORK COUNTY CLERK 03/10/2026 04:23 P~ INDEX NO. 151977/2025 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 03/10/2026
(NYSCEF Doc. No. 41); no-fault claims forms (NYSCEF Doc. Nos. 44-45); EUO
scheduling letters with affidavits of service (NYSCEF Doc. No. 43); and an affirmation of
counsel in support of the motion (NYSCEF Doc. No. 36).
It is therefore
ORDERED that plaintiffs motion for default judgment is granted as to
defendants American Medical Initiatives, P.C., Center Medical Supplies, Inc., Demch
Medex Corp., M.S. Physical Therapy, P.C., Orthocare Solutions, Inc., Prevail Pharmacy,
Inc., Star Light Supply, LLC, Titan Diagnostic Imaging Services, Inc., and Top Star
Supplies, Inc.; and it is further
ADJUDGED and DECLARED that plaintiff owes no duty to afford, pay, or cover
any no-fault claims of defendants American Medical Initiatives, P.C., Center Medical
Supplies, Inc., Demch Medex Corp., M.S. Physical Therapy, P.C., Orthocare Solutions,
Inc., Prevail Pharmacy, Inc., Star Light Supply, LLC, Titan Diagnostic Imaging Services,
Inc., or Top Star Supplies, Inc., arising from the July 22, 2024 collision referenced by
Hertz claim number 1Mo1Mo13912777; and it is further
ORDERED and ADJUDGED that all no-fault lawsuits, arbitrations, awards,
judgments, and claims filed by defendants American Medical Initiatives, P.C., Center
Medical Supplies, Inc., Demch Medex Corp., M.S. Physical Therapy, P.C., Orthocare
Solutions, Inc., Prevail Pharmacy, Inc., Star Light Supply, LLC, Titan Diagnostic
Imaging Services, Inc., or Top Star Supplies, Inc., arising from the July 22, 2024
collision referenced by Hertz claim number 1Mo1Mo13912777, are hereby dismissed or
permanently stayed; and it is further
ORDERED that the balance of this action is severed and continued.
151977/2025 HERTZ VEHICLES, LLC, AND ALL OF ITS AFFILIATES AND SUBSIDIARIES, Page 4 of 5 INCLUDING BUT NOT LIMITED TO THE HERTZ CORPORATION, AND HERTZ CO. vs. A AND R MEDICAL SUPPLY CORP ET AL Motion No. 001
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This constitutes the decision and order of the Court.
3/9/2026 DATE MATT EW V. GRIECO, J.S.C. CHECK ONE: CASE DISPOSED NON-FINAL DISPOSITION
APPLICATION:
CHECK IF APPROPRIATE: GRANTED
SETTLE ORDER □ DENIED
INCLUDES TRANSFER/REASSIGN 8 GRANTED IN PART
SUBMIT ORDER
FIDUCIARY APPOINTMENT □ OTHER
□ REFERENCE
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