Hertz Vehs., LLC v. Active United Care Physical Therapy, PLLC

2026 NY Slip Op 30669(U)

• Court: New York Supreme Court, New York County
• Decided: February 24, 2026
• Docket: Index No. 160369/2023
• Status: Unpublished
• Author: Matthew V. Grieco

Opinion

Hertz Vehs., LLC v Active United Care Physical Therapy, PLLC 2026 NY Slip Op 30669(U) February 24, 2026 Supreme Court, New York County Docket Number: Index No. 160369/2023 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.1603692023.NEW_YORK.002.LBLX000_TO.html[03/09/2026 3:45:54 PM] !FILED: NEW YORK COUNTY CLERK 02/25/2026 02:46 P~ INDEX NO. 160369/2023 NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 02/25/2026

SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. MATTHEW V. GRIECO PART 30M Justice --------------------------------X INDEX NO. 160369/2023 HERlZ VEHICLES, LLC, MOTION DATE 02/09/2026 Plaintiff, MOTION SEQ. NO. 002 -v- ACTIVE UNITED CARE PHYSICAL THERAPY, PLLC,ALL CITY FAMILY HEALTHCARE, INC.,AMERIPATH NEW YORK, LLC,BEST CARE WELLNESS CENTER, LLC,BETTER SOON RX, INC.,CCCP EQUIPMENT, INC.,CHAYIM MED PRODUCTS CORP., CHIROPRACTIC EVALUATION SERVICE, P.C.,ERNEST BONAPARTE, FAR ROCKAWAY MEDICAL, P.C.,GARDEN MEDICAL CARE, P.C.,HOLLIS DRUGS, INC.,KENCO CARE SUPPLY DECISION + ORDER ON CORP., ONE HAND 1 PHYSICAL THERAPY, P.C.,OPTIMAL HEALTH CHIROPRACTIC AND MOTION ACPUNCTURE, P.C.,REFUAH DIAGNOSTICS, LLC,SENECA AVENUE ACUPUNCTURE, P.C.,STAR MEDICAL IMAGING, P.C.,TITAN DIAGNOSTIC IMAGING SERVICES, INC.,TOTAL ANESTHESIA PROVIDER, P.C.,DEJA TAITT, DUVON RUSSELL, JARIUF PLEASANTS

Defendant.

----------------------------------------X The following e-filed documents, listed by NYSCEF document number (Motion 002) 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85 were read on this motion to/for AMEND CAPTION/PLEADINGS

Upon the foregoing documents, and for the reasons stated infra, plaintiff's motion to

amend the pleadings is granted.

Plaintiff, Hertz Vehicles, LLC, moves pursuant to CPLR 3025(b) for leave to

amend the pleadings to add as defendants Chai Diagnostics LLC, Diagnostic Neurology,

P.C., and Longevity Medical Supply. Inc.

160369/2023 HERTZ VEHICLES, LLC vs. ACTIVE UNITED CARE PHYSICAL THERAPY, PLLC ET Page 1 of 4 AL Motion No. 002

1 of 4 [* 1] !FILED: NEW YORK COUNTY CLERK 02/25/2026 02:46 P~ INDEX NO. 160369/2023 1

NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 02/25/2026

On October 24, 2023, plaintiff commenced this action for a declaratory judgment

that it owes no duty to pay any no-fault claims arising out of an alleged motor vehicle

collision on December 18, 2022, on the ground that defendants claimants Jariuf

Pleasants, Deja Taitt, and Duvon Russell did not comply with their obligations

concerning examinations under oath, which constituted breaches of a condition

precedent, vitiating coverage (NYSCEF Doc. No. 1 [Summons and Complaint]). Plaintiff

filed an amendedcomplaintasofright on November 16, 2023 (NYSCEF Doc. No. 3; see

CPLR 3025[a]). By order entered March 19, 2025, the Court (Arthur F. Engoran, J.)

granted default judgment against the non-answering defendants: the three claimants

and multiple medical providers (NYSCEF Doc. No. 70 [Decision and Order]).

Plaintiff now seeks leave to file and serve a second amended com plaint (NYSCEF

Doc. No. 77 [Proposed Second Amended Summons and Complaint]) to add as

defendants three providers it asserts were previously unknown to it and from which it

has recently received medical bills for services purportedly rendered to the claimants

(NYSCEF Doc. No. 73 [Aff. in Support of Motion]; Doc. No. 75 [Aff. of Hertz Claims

Adjuster]). The motion is unopposed.

Leave to amend a pleading should be freely granted, absent prejudice to the non-

moving party (see Davis v South Nassau Communities Hosp., 26 NY3d 563, 580 [2015];

CPLR 3025[b]). Prejudice requires some indication that the defendants have been

hindered in the preparation of their case or have been prevented from taking some

measure in support of their position (see Kocourek v Boaz Allen Hamilton, Inc., 85

AD3d 502,504 [1 st Dept 2011]). Even under that liberal standard, however, the

proposed pleading must not be devoid of merit (see id.; Reyes v BSP Realty Corp., 171

AD3d 504 [1 st Dept 2019]) and there must be "appropriate substantiation" as 160369/2023 HERTZ VEHICLES, LLC vs. ACTIVE UNITED CARE PHYSICAL THERAPY, PLLC ET Page 2 of 4 AL Motion No. 002

2 of 4 [* 2] !FILED: NEW YORK COUNTY CLERK 02/25/2026 02:46 P~ INDEX NO. 160369/2023 NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 02/25/2026

circumstances dictate (Hoppe v Bd. of Directors of 51-78 Owners Corp., 49 AD3d 477

[1 st Dept 2008]; see Briggs v New York City Tr. Auth., 132 AD2d 451 [1 st Dept 1987]

[affidavit of merits needed to explain reasons for delay and facts warranting increased

ad damn um clause]; Velarde v City of New York, 149 AD3d 457 [1 st Dept 2017]

[evidentiary proof that could be considered on a motion for summary judgment

required to show defendants acted recklessly or in concert with assailant, rather than

negligently]).

Here, plaintiff's submissions, including an affirmation from its claims adjuster,

establish the reason for the delay in naming the new defendants and the merits of the

proposed pleading.

Accordingly, it is

ORDERED that the plaintiff's motion for leave to amend the amended complaint

is granted; and it is further

ORDERED that the second amended complaint, in the form annexed to the

motion papers, shall be deemed served upon service of a copy of this order with notice of

entry upon all parties who have appeared in the action; and it is further

ORDERED that a supplemental summons and second amended complaint, in the

form annexed to the motion papers, shall be served, in accordance with the Civil

Practice Law and Rules, upon the additional parties in this action within 30 days after

service of a copy of this order with notice of entry; and it is further

ORDERED that the action shall bear the following caption:

160369/2023 HERTZ VEHICLES, LLC vs. ACTIVE UNITED CARE PHYSICAL THERAPY, PLLC ET Page 3 of 4 AL Motion No. 002

3 of 4 [* 3] !FILED: NEW YORK COUNTY CLERK 02/25/2026 02:46 P~ INDEX NO. 160369/2023 NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 02/25/2026

HERTZ VEHICLES, LLC Plaintiff(s),

-against-

ACTIVE UNITED CARE PHYSICAL THERAPY PLLC, ALL CITY FAMILY HEALTHCARE, INC., AMERIPATH NEW YORK LLC, BEST CARE WELLNESS CENTER LLC, BETTER SOON RX INC., CCCP EQUIPMENT, INC., CHAYIM MED PRODUCTS CORP, CHIROPRACTIC EVALUATION SERVICE, P.C., ERNEST BONAPARTE, ETMCPHARMACY, INC., EXPRESS DME, INC., FAR ROCKAWAY MEDICAL P.C., GARDEN MEDICAL CARE, P.C., HOLLIS DRUGS INC., KENCO CARE SUPPLY CORP, ONE HAND 1 PHYSICAL THERAPY P.C., OPTIMAL HEALTH CHIROPRACTIC AND ACUPUNCTURE P.C., REFUAH DIAGNOSTICS LLC, SENECA AVENUE ACUPUNCTURE P.C., STAR MEDICAL IMAGING P.C., TITAN DIAGNOSTIC IMAGING SERVICES INC., TOTAL ANESTHESIA PROVIDER P.C., CHAI DIAGNOSTICS LLC, DIAGNOSTIC NEUROLOGY, P.C., LONGEVITY MEDICAL SUPPLY, INC., DEJA TAITT, DUVON RUSSELL and JARIUF PLEASANTS

Defendant(s).

And it is further

ORDERED that counsel for the moving party shall serve a copy of this order with

notice of entry upon the County Clerk and the Clerk of the General Clerk's Office, who

are directed to mark the court's records to reflect the parties being added pursuant

hereto; 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).

DATE MATTHEW V. GRIECO, 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

160369/2023 HERTZ VEHICLES, LLC vs. ACTIVE UNITED CARE PHYSICAL THERAPY, PLLC ET Page 4 of 4 AL Motion No. 002

4 of 4 [* 4]