Hertz Vehs., LLC v. A2K NY Corp.

2026 NY Slip Op 30816(U)
CourtNew York Supreme Court, New York County
DecidedMarch 4, 2026
DocketIndex No. 151967/2025
StatusUnpublished
AuthorMatthew V. Grieco

This text of 2026 NY Slip Op 30816(U) (Hertz Vehs., LLC v. A2K NY Corp.) is published on Counsel Stack Legal Research, covering New York Supreme Court, New York County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hertz Vehs., LLC v. A2K NY Corp., 2026 NY Slip Op 30816(U) (N.Y. Super. Ct. 2026).

Opinion

Hertz Vehs., LLC v A2K NY Corp. 2026 NY Slip Op 30816(U) March 4, 2026 Supreme Court, New York County Docket Number: Index No. 151967/2025 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.1519672025.NEW_YORK.002.LBLX000_TO.html[03/16/2026 3:45:38 PM] !FILED: NEW YORK COUNTY CLERK 03/10/2026 04:23 P~ INDEX NO. 151967/2025 NYSCEF DOC. NO. 108 RECEIVED NYSCEF: 03/09/2026

SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. MATTHEW V. GRIECO PART Justice --------------------------------------------------------------------------X INDEX NO. HERTZ VEHICLES, LLC, AND ALL OF ITS AFFILIATES MOTION DATE AND SUBSIDIARIES, INCLUDING BUT NOT LIMITED TO THE HERTZ CORPORATION, AND HERTZ CO., MOTION SEQ. NO. 002 Plaintiff,

-v-

A2K NY CORP, ACE MED SUPPLIES INC., ANJANI SINHA MEDICAL, P.C., ANTEY CORP, BEACH MEDICAL REHABILITATION, P.C., BETTER MEDICAL HEALTH, P.C., CLINICAL PHARMACY, INC. D/B/A CPW PHARMACY, DAVID CARMILI, PHYSICIAN, P.C., EMED PHARMACY CORPORATION, EMPIRE K CORP, HARMONY OS, LLC, I & A IMAGING, LLC, J FLEXIBLE CORP, KUMAN MEDICAL SUPPLY INC., LEADER RX PHARMACY, LLC, MANALAPAN SURGERY CENTER, MR AMENDED 2B, INC., NEXGEN LINE, INC.,OCEAN CHEMISTS, INC., DECISION + ORDER ON ONE HAND 1 PHYSICAL THERAPY, P .C., PARS MEDICAL, MOTION P.C., PICOLINI, INC., PINNACLE OS, LLC, PSYCHOLOGY 21, P.C., QUALITY LABORATORY SERVICE, RAFAEL YAAKOBOV FAMILY HEALTH NP, P.C., RAIA MEDICAL SERVICES, P.C., RIDGEWOOD MEDICAL SERVICES, P.C., SCOB, LLC, STREAM CARE, LLC, YO USHA MEDICAL WELLNESS, PLLC, WILLIS CARE PHARMACY, INC., CHAMELL JOHNSON, KEIANA THOMAS, DERRELL WINFREY

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

The following e-filed documents, listed by NYSCEF document number (Motion 002) 78, 79,80,81,82,83,84,85,86,87,88,89,90,91,92,93,94,95,96,97,98,99,100,101, 102,103,104,105,106 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 ("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 151967/2025 HERTZ VEHICLES, LLC, AND ALL OF ITS AFFILIATES AND SUBSIDIARIES, Page 1 of 6 INCLUDING BUT NOT LIMITED TO THE HERTZ CORPORATION, AND HERTZ CO. vs. A2K NY CORP ET AL Motion No. 002

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occurred on September 24, 2024, on the ground that claimants defendants Chamell P.

Johnson, Keiana Monay Thomas, and Derrell Winfrey failed to return subscribed copies

of their examination under oath ("EUO") transcripts (NYSCEF Doc. No. 1).

The following defendants filed answers (some with counterclaims): Ace Med

Supplies, Inc. ("Ace") (April 9, 2025, NYSCEF Doc. No. 37); Beach Medical

Rehabilitation P.C. ("Beach"), Kuman Medical Supply Inc. ("Kuman"), Manalapan

Surgery Center ("Manalapan"), and Pars Medical, P.C. ("Pars") (April 15, 2025, NYSCEF

Doc. No. 38); David Carmili, Physician, P.C. ("Carmili") (April 22, 2025, NYSCEF Doc.

No. 42); and I & A Imaging, LLC ("I&A") and Ridgewood Medical Services, P.C.

("Ridgewood") (May 14, 2025, NYSCEF Doc. No. 44).

On May 16, 2025, plaintiff moved for a default judgment pursuant to CPLR 3215

(NYSCEF Doc. Nos. 45-65) against all defendants except Streamcare, LLC. 1 Defendants

Carmili, I&A, and Ridgewood filed an opposition (NYSCEF Doc. No. 74), asserting that

plaintiff should be compelled under CPLR 3012(d) to accept their late answers.

The following additional defendants subsequently filed answers: Anjani Sinha

Medical, P.C. and One Hand 1 Physical Therapy, P.C. (May 21, 2025, NYSCEF Doc. No.

66); Raia Medical Services, P.C. (June 4, 2025, NYSCEF Doc. No. 69); and Rafael

Yaakobov Family Health NP P.C. (July 1, 2025, NYSCEF Doc. No. 73).

On August 28, 2025, the Court (Leticia M. Ramirez, J.) denied plaintiffs motion

for default judgment in its entirety (NYSCEF Doc. No. 76) due to defects in the

affirmation of service. As to the corporate entities, which had been served through the

1 Plaintiff stated that, despite due diligence, Streamcare, LLC could not be located for service. 151967/2025 HERTZ VEHICLES, LLC, AND ALL OF ITS AFFILIATES AND SUBSIDIARIES, Page 2 of6 INCLUDING BUT NOT LIMITED TO THE HERTZ CORPORATION, AND HERTZ CO. vs. A2K NY CORP ET AL Motion No. 002

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Secretary of State under Business Corporation Law§ 306(b), the Court ruled that

plaintiff had failed to include with its service of the requisite additional mailing a notice

to the corporations that service was being made pursuant to CPLR 3215(g)(4); in

addition, the index number listed on the affirmation of service for the additional

mailings (NYSCEF Doc. No. 61, PDF at 8) was incorrect. As to the individual defendants,

the Court found the military investigations underlying the non-military affidavits to be

deficient in their timing. The Court also held that it was precluded from accepting the

late answers of defendants Carmili, I&A, and Ridgewood (NYSCEF Doc. No. 74) because

the request to accept them had been made via opposition to the default motion rather

than via cross-motion.

Now, plaintiff again seeks default judgment against all defendants, except Ace,

Streamcare, Beach, Kuman, Manalapan, and Pars (NYSCF Doc. Nos. 78-96). 2

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"

(Woodson v Mendon Leasing Corp., 100 NY2d 62, 71 [2003]), which can be effected by

2 Beach, Kuman, Manalapan, and Pars filed an opposition and cross-moved on October 22, 2025 to compel plaintiff to accept their late answer (NYSCEF Doc. 97-105). By stipulation filed October 27, 2025 (NYSCEF Doc. No. 106), plaintiff withdrew its default motion against those defendants, which withdrew their cross-motion. 151967/2025 HERTZ VEHICLES, LLC, AND ALL OF ITS AFFILIATES AND SUBSIDIARIES, Page 3 of 6 INCLUDING BUT NOT LIMITED TO THE HERTZ CORPORATION, AND HERTZ CO. vs. A2K NY CORP ET AL Motion No. 002

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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 [1 st Dept 1987]).

The failure to subscribe and return an EUO transcript is a violation of a condition

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Related

Woodson v. Mendon Leasing Corp.
790 N.E.2d 1156 (New York Court of Appeals, 2003)
Kemper Independence Ins. Co. v. Cornerstone Chiropractic, P.C.
2020 NY Slip Op 3876 (Appellate Division of the Supreme Court of New York, 2020)
Joosten v. Gale
129 A.D.2d 531 (Appellate Division of the Supreme Court of New York, 1987)

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Bluebook (online)
2026 NY Slip Op 30816(U), Counsel Stack Legal Research, https://law.counselstack.com/opinion/hertz-vehs-llc-v-a2k-ny-corp-nysupctnewyork-2026.