State Farm Fire & Cas. Co. v. 123 Med. Group, P.C.

2025 NY Slip Op 32297(U)

• Court: New York Supreme Court, New York County
• Decided: June 30, 2025
• Docket: Index No. 151183/2025
• Status: Unpublished

Opinion

State Farm Fire & Cas. Co. v 123 Med. Group, P.C. 2025 NY Slip Op 32297(U) June 30, 2025 Supreme Court, New York County Docket Number: Index No. 151183/2025 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. FILED: NEW YORK COUNTY CLERK 06/30/2025 04:55 PM INDEX NO. 151183/2025 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 06/30/2025

SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. JUDY H. KIM PART 04 Justice ---------------------------------------------------------------------------------X INDEX NO. 151183/2025 STATE FARM FIRE AND CASUALTY COMPANY, MOTION DATE 03/12/2025 Plaintiff, MOTION SEQ. NO. 001 -v- 123 MEDICAL GROUP, P.C. D/B/A OPEN MRI, 999 CONEY ISLAND ENTERPRISES INC.,ADVANCED MEDICAL SUPPLIES INC.,ATLANTIC MEDICAL & DIAGNOSTIC, P.C.,BLESS PHYSICAL THERAPY, P.C.,BROOKHAVEN SPINE & SPORTS CHIROPRACTIC, LLP, BUFFALO CHIROPRACTIC SERVICES, P.C.,CHIROPRACTIC EXAM WORKS, P.C.,CITY RADIOLOGY, GLEN OAKS RX INC.,INTERVENTIONAL DECISION + ORDER ON SPINE MEDICINE TREATMENT, PLLC,LV ORTHO WORLD CORP., ORTHO RECOVERY CORP, PROACTIVE MOTION MEDICAL CARE, PLLC,TEJ MEDICAL SUPPLIES INC.,THAINA BANATTE LMSW P.C.,THE AVENUE PHYSICAL THERAPY & CHIROPRACTIC CARE, PLLC,UNION SCRIPTS RX INC.,WENDY KEISER D.C., DARREL BRANCH, ANDY CELESTE, MARIE CLERMONT, MARIE MERZIER,

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

The following e-filed documents, listed by NYSCEF document number (Motion 001) 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46 were read on this motion to/for JUDGMENT - DEFAULT .

Upon the foregoing documents, plaintiff’s motion for a default judgment is granted on

default and for the reasons set forth below.

In this action, plaintiff seeks a declaratory judgment that plaintiff is not obligated to pay

no-fault benefits for the medical treatment of Darrel Branch Andy Celeste, Marie Clermont, and

Marie Merzier for injuries they allegedly sustained in a motor vehicle collision on February 12,

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2024 based upon plaintiff’s founded belief that the collision at issue was not an insured event but

staged as part of an insurance fraud scheme

Plaintiff now moves for a default judgment against certain defendants, 123 Medical Group,

P.C. d/b/a Open MRI, 999 Coney Island Enterprises Inc., Advanced Medical Supplies Inc.,

Atlantic Medical & Diagnostic, P.C., Bless Physical Therapy, P.C., Brookhaven Spine & Sports

Chiropractic, LLP, Buffalo Chiropractic Services, P.C., Chiropractic Exam Works, P.C., City

Radiology, Glen Oaks Rx Inc., Interventional Spine Medicine Treatment, PLLC, LV Ortho World

Corp., Ortho Recovery Corp., Proactive Medical Care, PLLC, TEJ Medical Supplies Inc., Thaina

Banatte LMSW P.C., The Avenue Physical Therapy & Chiropractic Care, PLLC, Union Scripts

Rx Inc., Wendy Keiser D.C., Marie Clermont and Marie Merzier.

DISCUSSION

In order to establish its entitlement to a default judgment pursuant to CPLR 3215, plaintiff

must submit proof of: (1) service of the summons and complaint; (2) the facts constituting the

claim; and (3) defendants’ default in answering or appearing (see Gordon Law Firm, P.C. v

Premier DNA Corp., 205 AD3d 416, 416 [1st Dept 2022]). Where, as here, service was effected

on certain defendants via the New York State Secretary of State pursuant to BCL §306, plaintiff

is also required, per CPLR 3215(g)(4), to establish its additional service of the summons and

complaint by first class mail at these defendants’ last known address (see Sterk-Kirch v Uptown

Communications & Elec, Inc., 124 AD3d 413, 414 [1st Dept 2015]).

Plaintiff has satisfied these requirements. Plaintiff submits an affidavit of service

documenting its service of the summons and complaint on the corporate defendants via the New

York State Secretary of State and on the individual defendants pursuant to CPLR 308(2) (NYSCEF

Doc No. 33, affidavits of service). It has also established the additional mailing of the summons

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and complaint upon the corporate defendants as required by CPLR 3215(g)(4) (see NYSCEF Doc.

No. 43, notice of default with affirmation of mailing) and defendants’ default (NYSCEF Doc No.

29, Tarasova affirm.). While defendants Interventional Spine Medicine Treatment, PLLC,

Proactive Medical Care, PLLC, Thaina Banatte LMSW, P.C., The Avenue Physical Therapy &

Chiropractic Care, PLLC, Wendy Keiser, D.C., Buffalo Chiropractic Services, P.C., LV Ortho

World Corp., Ortho Recovery Corp., 123 Medical Group, P.C. d/b/a Open MRI, Bless Physical

Therapy, P.C., and Glen Oaks Rx, Inc. filed Answers between March 11, 2025 and May 12, 2025,

these filings were timely rejected by plaintiff as untimely pursuant to CPLR 2101(f).

Finally, plaintiff has provided proof of the facts constituting its claim through the affidavit

of Micki Fraley, an employee of the Special Investigative Unit of State Farm Fire and Casualty

Company (NYSCEF Doc No. 31), detailing the basis for plaintiff’s conclusion that the subject

collision was staged (see State Farm Fire and Cas. Co. v Axial Chiropractic, P.C., 205 AD3d 656,

657 [1st Dept 2022]).

Accordingly, it is

ORDERED, ADJUDGED, and DECLARED that State Farm Fire and Casualty

Company has no duty to provide, pay, or honor any current or future claims by 123 Medical Group,

P.C. d/b/a Open MRI, 999 Coney Island Enterprises Inc., Advanced Medical Supplies Inc.,

Atlantic Medical & Diagnostic, P.C., Bless Physical Therapy, P.C., Brookhaven Spine & Sports

Chiropractic, LLP, Buffalo Chiropractic Services, P.C., Chiropractic Exam Works, P.C., City

Radiology, Glen Oaks Rx Inc., Interventional Spine Medicine Treatment, PLLC, LV Ortho World

Corp., Ortho Recovery Corp., Proactive Medical Care, PLLC, TEJ Medical Supplies Inc., Thaina

Banatte LMSW P.C., The Avenue Physical Therapy & Chiropractic Care, PLLC, Union Scripts

Rx Inc., Wendy Keiser D.C., Marie Clermont or Marie Merzier, including but not limited to claims

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for Mandatory Personal Injury Protection (No-Fault), Additional Personal Injury Protection,

Uninsured/Underinsured Motorist Coverage, and Supplemental Uninsured/Underinsured Motorist

Coverage, in connection with the alleged collision of February 12, 2024, under State Farm Fire

and Casualty Company claim number 32-63K2-20C; and it is further

ORDERED that plaintiff shall, within twenty days from the date of this decision and order,

serve a copy of same with notice of entry upon defendants and upon the Clerk of the Court, who

is directed to enter judgment accordingly; and it is further

ORDERED that such service upon the Clerk of the Court 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).

This constitutes the decision and order of the Court.

6/30/2025 ~~"7i~ DATE HON. JUDY H. KIM, J.S.C.

□ ~ ~ CHECK ONE: X CASE DISPOSED NON-FINAL DISPOSITION

X GRANTED DENIED GRANTED IN PART OTHER

APPLICATION: SETTLE ORDER SUBMIT ORDER

CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE

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