State Farm Mut. Auto. Ins. Co. v Smalls 2026 NY Slip Op 31033(U) March 17, 2026 Supreme Court, New York County Docket Number: Index No. 158596/2024 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.1585962024.NEW_YORK.001.LBLX000_TO.html[03/25/2026 3:45:48 PM] FILED: NEW YORK COUNTY CLERK 03/17/2026 03:28 PM INDEX NO. 158596/2024 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 03/17/2026
SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. EMILY MORALES-MINERVA PART 42M Justice -------------------X INDEX NO. 158596/2024 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, MOTION DATE 07/29/2025
Plaintiff, MOTION SEQ. NO. 001
-v- ABDUL RASHID SMALLS, CHARLES SANDERS, DARRELL FOSKY, 360 WELLNESS PT PLLC,ALMA MED SUPPLY CORP, CORONA CHIROPRACTIC HEALTH SERVICES, PC.DRUGS & MORE INC, FIRST STOP PT, PC.GLENMORE MEDICAL, PC,HYGGE MEDICAL SUPPLIES CORP, JANAN SAYYED, DC, PC,KMR MEDICAL CARE, PC,KO NP IN PSYCHIATRY, PC,LONG DECISION + ORDER ON BEACH CHIROPRACTIC EVALUATION, PC,NARROW PHARMACY INC, NAUTILUS MEDICAL, PC,NEXT MOTION GENERATION DIAGNOSTIC IMAGING, PC,OAK STREET MEDICAL, PC,QUEENS RADIOLOGY IMAGING, PC.REACTIVE PHYSICAL THERAPY, PC.SEDATION VACATION PERIOPERATIVE MEDICINE PLLC,SUNSHINE FAMILY HEALTH NP, PLLC,SUPPLY CHOICE NYC INC, TENDER REHAB PT, PC,WILLISTON PARK MEDICAL, PC
Defendants. -------------------X
The following e-filed documents, listed by NYSCEF document number (Motion 001) 39, 40, 41, 42, 43, 44,45,46,47,48,49,50,51,52, 53,54,55,56,57,58,59,61,63 were read on this motion to/for JUDGMENT - DEFAULT
APPEARANCES:
Goldberg Miller & Rubin, PC, New York, NY (Lindsay Ariel Padover, Esq., of counsel}, for plaintiff.
EMILY MORALES-MINERVA, J.S.C.
In this action seeking a declaratory judgment, plaintiff
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY moves, by notice
of motion (sequence number 001), pursuant to CPLR § 3215, for an
order granting it a default judgment against defendants ABDUL
158596/2024 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY vs. SMALLS, Page 1 of6 ABDUL RASHID ET AL Motion No. 001
[* 1] 1 of 6 FILED: NEW YORK COUNTY CLERK 03/17/2026 03:28 PM INDEX NO. 158596/2024 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 03/17/2026
RASHID SMALLS a/k/a ABDUL SMALLS, CHARLES SANDERS a/k/a CHARLES
SPENCER, DARRELL FOSKEY, 360 WELLNESS PT PLLC, ALMA MED SUPPLY
CORP, FIRST STOP PT, PC, GLENMORE MEDICAL, PC, HYGGE MEDICAL
SUPPLIES CORP, JANAN SAYYED, DC, PC d/b/a ACTIVE CARE
CHIROPRACTIC & NATURAL WELLNESS CENTER, KMR MEDICAL CARE, PC,
LONG BEACH CHIROPRACTIC EVALUATION, PC, N~UTILUS MEDICAL, PC,
NEXT GENERATION DIAGNOSTIC IMAGING, PC, OAK STREET MEDICAL, PC,
REACTIVE PHYSICAL THERAPY, PC, SEDATION VACATION PERIOPERATIVE
MEDICINE PLLC a/k/a SEDATION VACATION PERIOP MED, PLLC, SUNSHINE
FAMILY HEALTH NP, PLLC, SUPPLY CHOICE NYC INC, TENDER REHAB PT,
PC, and WILLISTON PARK MEDICAL, PC.
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 [fl; 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.,
158596/2024 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY vs. SMALLS, Page 2of6 ABDUL RASHID ET AL Motion No. 001
[* 2] 2 of 6 FILED: NEW YORK COUNTY CLERK 03/17/2026 03:28 PM INDEX NO. 158596/2024 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 03/17/2026
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 CHARLES SANDERS a/k/a CHARLES SPENCER,
360 WELLNESS PT PLLC, ALMA MED SUPPLY CORP, FIRST STOP PT, PC,
GLENMORE MEDICAL, PC, HYGGE MEDICAL SUPPLIES CORP, JANAN SAYYED,
DC, PC d/b/a ACTIVE CARE CHIROPRACTIC & NATURAL WELLNESS CENTER,
KMR MEDICAL CARE, PC, LONG BEACH CHIROPRACTIC EVALUATION, PC,
NAUTILUS MEDICAL, PC, NEXT GENERATION DIAGNOSTIC IMAGING, PC,
OAK STREET MEDICAL, PC, REACTIVE PHYSICAL THERAPY, PC, SEDATION
VACATION PERIOPERATIVE MEDICINE PLLC a/k/a SEDATION VACATION
PERIOP MED, PLLC, SUNSHINE FAMILY HEALTH NP, PLLC, SUPPLY CHOICE
NYC INC, TENDER REHAB PT, PC, and WILLISTON PARK MEDICAL, PC.
Plaintiff submits, among other things, the affirmations of
service; the affirmations of additional mailing; the affirmation
of Denise Avallon, SIU Claims Specialist for plaintiff; the
examination under oath appointment letters; 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 defendants ABDUL RASHID
SMALLS a/k/a ABDUL SMALLS and DARRELL FOSKEY. The affidavits of
service pursuant to CPLR § 308 (2) are defective.
158596/2024 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY vs. SMALLS, Page 3 of& ABDUL RASHID ET AL Motion No. 001
[* 3] 3 of 6 FILED: NEW YORK COUNTY CLERK 03/17/2026 03:28 PM INDEX NO. 158596/2024 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 03/17/2026
Accordingly, it is hereby
ORDERED that plaintiff's motion (seq. no. 001) for a
default judgment against defendants CHARLES SANDERS a/k/a
CHARLES SPENCER, 360 WELLNESS PT PLLC, ALMA MED SUPPLY CORP,
FIRST STOP PT, PC, GLENMORE MEDICAL, PC, HYGGE MEDICAL SUPPLIES
CORP, JANAN SAYYED, DC, PC d/b/a ACTIVE CARE CHIROPRACTIC &
NATURAL WELLNESS CENTER, KMR MEDICAL CARE, PC, LONG BEACH
CHIROPRACTIC EVALUATION, PC, NAUTILUS MEDICAL, PC, NEXT
GENERATION DIAGNOSTIC IMAGING, PC, OAK STREET MEDICAL, PC,
REACTIVE PHYSICAL THERAPY, PC, SEDATION VACATION PERIOPERATIVE
MEDICINE PLLC a/k/a SEDATION VACATION PERIOP MED, PLLC, SUNSHINE
FAMILY HEALTH NP, PLLC, SUPPLY CHOICE NYC INC, TENDER REHAB PT,
PC, and WILLISTON PARK MEDICAL, PC is granted; it is further
ORDERED that the Clerk of Court is directed to enter
judgment in favor of plaintiff STATE FARM AUTOMOBILE INSURANCE
COMPANY, and against defendants CHARLES SANDERS a/k/a CHARLES
SPENCER, 360 WELLNESS PT PLLC, ALMA MED SUPPLY CORP, FIRST STOP
PT, PC, GLENMORE MEDICAL, PC, HYGGE MEDICAL SUPPLIES CORP, JANAN
SAYYED, DC, PC d/b/a ACTIVE CARE CHIROPRACTIC & NATURAL WELLNESS
CENTER, KMR MEDICAL CARE, PC, LONG BEACH CHIROPRACTIC
EVALUATION, PC, NAUTILUS MEDICAL, PC, NEXT GENERATION DIAGNOSTIC
IMAGING, PC, OAK STREET MEDICAL, PC, REACTIVE PHYSICAL THERAPY,
PC, SEDATION VACATION PERIOPERATIVE MEDICINE PLLC a/k/a SEDATION
VACATION PERIOP MED, PLLC, SUNSHINE FAMILY HEALTH NP, PLLC,
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State Farm Mut. Auto. Ins. Co. v Smalls 2026 NY Slip Op 31033(U) March 17, 2026 Supreme Court, New York County Docket Number: Index No. 158596/2024 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.1585962024.NEW_YORK.001.LBLX000_TO.html[03/25/2026 3:45:48 PM] FILED: NEW YORK COUNTY CLERK 03/17/2026 03:28 PM INDEX NO. 158596/2024 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 03/17/2026
SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. EMILY MORALES-MINERVA PART 42M Justice -------------------X INDEX NO. 158596/2024 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, MOTION DATE 07/29/2025
Plaintiff, MOTION SEQ. NO. 001
-v- ABDUL RASHID SMALLS, CHARLES SANDERS, DARRELL FOSKY, 360 WELLNESS PT PLLC,ALMA MED SUPPLY CORP, CORONA CHIROPRACTIC HEALTH SERVICES, PC.DRUGS & MORE INC, FIRST STOP PT, PC.GLENMORE MEDICAL, PC,HYGGE MEDICAL SUPPLIES CORP, JANAN SAYYED, DC, PC,KMR MEDICAL CARE, PC,KO NP IN PSYCHIATRY, PC,LONG DECISION + ORDER ON BEACH CHIROPRACTIC EVALUATION, PC,NARROW PHARMACY INC, NAUTILUS MEDICAL, PC,NEXT MOTION GENERATION DIAGNOSTIC IMAGING, PC,OAK STREET MEDICAL, PC,QUEENS RADIOLOGY IMAGING, PC.REACTIVE PHYSICAL THERAPY, PC.SEDATION VACATION PERIOPERATIVE MEDICINE PLLC,SUNSHINE FAMILY HEALTH NP, PLLC,SUPPLY CHOICE NYC INC, TENDER REHAB PT, PC,WILLISTON PARK MEDICAL, PC
Defendants. -------------------X
The following e-filed documents, listed by NYSCEF document number (Motion 001) 39, 40, 41, 42, 43, 44,45,46,47,48,49,50,51,52, 53,54,55,56,57,58,59,61,63 were read on this motion to/for JUDGMENT - DEFAULT
APPEARANCES:
Goldberg Miller & Rubin, PC, New York, NY (Lindsay Ariel Padover, Esq., of counsel}, for plaintiff.
EMILY MORALES-MINERVA, J.S.C.
In this action seeking a declaratory judgment, plaintiff
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY moves, by notice
of motion (sequence number 001), pursuant to CPLR § 3215, for an
order granting it a default judgment against defendants ABDUL
158596/2024 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY vs. SMALLS, Page 1 of6 ABDUL RASHID ET AL Motion No. 001
[* 1] 1 of 6 FILED: NEW YORK COUNTY CLERK 03/17/2026 03:28 PM INDEX NO. 158596/2024 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 03/17/2026
RASHID SMALLS a/k/a ABDUL SMALLS, CHARLES SANDERS a/k/a CHARLES
SPENCER, DARRELL FOSKEY, 360 WELLNESS PT PLLC, ALMA MED SUPPLY
CORP, FIRST STOP PT, PC, GLENMORE MEDICAL, PC, HYGGE MEDICAL
SUPPLIES CORP, JANAN SAYYED, DC, PC d/b/a ACTIVE CARE
CHIROPRACTIC & NATURAL WELLNESS CENTER, KMR MEDICAL CARE, PC,
LONG BEACH CHIROPRACTIC EVALUATION, PC, N~UTILUS MEDICAL, PC,
NEXT GENERATION DIAGNOSTIC IMAGING, PC, OAK STREET MEDICAL, PC,
REACTIVE PHYSICAL THERAPY, PC, SEDATION VACATION PERIOPERATIVE
MEDICINE PLLC a/k/a SEDATION VACATION PERIOP MED, PLLC, SUNSHINE
FAMILY HEALTH NP, PLLC, SUPPLY CHOICE NYC INC, TENDER REHAB PT,
PC, and WILLISTON PARK MEDICAL, PC.
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 [fl; 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.,
158596/2024 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY vs. SMALLS, Page 2of6 ABDUL RASHID ET AL Motion No. 001
[* 2] 2 of 6 FILED: NEW YORK COUNTY CLERK 03/17/2026 03:28 PM INDEX NO. 158596/2024 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 03/17/2026
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 CHARLES SANDERS a/k/a CHARLES SPENCER,
360 WELLNESS PT PLLC, ALMA MED SUPPLY CORP, FIRST STOP PT, PC,
GLENMORE MEDICAL, PC, HYGGE MEDICAL SUPPLIES CORP, JANAN SAYYED,
DC, PC d/b/a ACTIVE CARE CHIROPRACTIC & NATURAL WELLNESS CENTER,
KMR MEDICAL CARE, PC, LONG BEACH CHIROPRACTIC EVALUATION, PC,
NAUTILUS MEDICAL, PC, NEXT GENERATION DIAGNOSTIC IMAGING, PC,
OAK STREET MEDICAL, PC, REACTIVE PHYSICAL THERAPY, PC, SEDATION
VACATION PERIOPERATIVE MEDICINE PLLC a/k/a SEDATION VACATION
PERIOP MED, PLLC, SUNSHINE FAMILY HEALTH NP, PLLC, SUPPLY CHOICE
NYC INC, TENDER REHAB PT, PC, and WILLISTON PARK MEDICAL, PC.
Plaintiff submits, among other things, the affirmations of
service; the affirmations of additional mailing; the affirmation
of Denise Avallon, SIU Claims Specialist for plaintiff; the
examination under oath appointment letters; 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 defendants ABDUL RASHID
SMALLS a/k/a ABDUL SMALLS and DARRELL FOSKEY. The affidavits of
service pursuant to CPLR § 308 (2) are defective.
158596/2024 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY vs. SMALLS, Page 3 of& ABDUL RASHID ET AL Motion No. 001
[* 3] 3 of 6 FILED: NEW YORK COUNTY CLERK 03/17/2026 03:28 PM INDEX NO. 158596/2024 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 03/17/2026
Accordingly, it is hereby
ORDERED that plaintiff's motion (seq. no. 001) for a
default judgment against defendants CHARLES SANDERS a/k/a
CHARLES SPENCER, 360 WELLNESS PT PLLC, ALMA MED SUPPLY CORP,
FIRST STOP PT, PC, GLENMORE MEDICAL, PC, HYGGE MEDICAL SUPPLIES
CORP, JANAN SAYYED, DC, PC d/b/a ACTIVE CARE CHIROPRACTIC &
NATURAL WELLNESS CENTER, KMR MEDICAL CARE, PC, LONG BEACH
CHIROPRACTIC EVALUATION, PC, NAUTILUS MEDICAL, PC, NEXT
GENERATION DIAGNOSTIC IMAGING, PC, OAK STREET MEDICAL, PC,
REACTIVE PHYSICAL THERAPY, PC, SEDATION VACATION PERIOPERATIVE
MEDICINE PLLC a/k/a SEDATION VACATION PERIOP MED, PLLC, SUNSHINE
FAMILY HEALTH NP, PLLC, SUPPLY CHOICE NYC INC, TENDER REHAB PT,
PC, and WILLISTON PARK MEDICAL, PC is granted; it is further
ORDERED that the Clerk of Court is directed to enter
judgment in favor of plaintiff STATE FARM AUTOMOBILE INSURANCE
COMPANY, and against defendants CHARLES SANDERS a/k/a CHARLES
SPENCER, 360 WELLNESS PT PLLC, ALMA MED SUPPLY CORP, FIRST STOP
PT, PC, GLENMORE MEDICAL, PC, HYGGE MEDICAL SUPPLIES CORP, JANAN
SAYYED, DC, PC d/b/a ACTIVE CARE CHIROPRACTIC & NATURAL WELLNESS
CENTER, KMR MEDICAL CARE, PC, LONG BEACH CHIROPRACTIC
EVALUATION, PC, NAUTILUS MEDICAL, PC, NEXT GENERATION DIAGNOSTIC
IMAGING, PC, OAK STREET MEDICAL, PC, REACTIVE PHYSICAL THERAPY,
PC, SEDATION VACATION PERIOPERATIVE MEDICINE PLLC a/k/a SEDATION
VACATION PERIOP MED, PLLC, SUNSHINE FAMILY HEALTH NP, PLLC,
158596/2024 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY vs. SMALLS, Page4of6 ABDUL RASHID ET AL Motion No. 001
[* 4] 4 of 6 FILED: NEW YORK COUNTY CLERK 03/17/2026 03:28 PM INDEX NO. 158596/2024 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 03/17/2026
SUPPLY CHOICE NYC INC, TENDER REHAB PT, PC, and WILLISTON PARK
MEDICAL, PC; it is further
ORDERED and ADJUDGED that plaintiff STATE FARM AUTOMOBILE
INSURANCE COMPANY is not obligated to honor or pay any current
or future claims from defendants CHARLES SANDERS a/k/a CHARLES
SPENCER, 360 WELLNESS PT PLLC, ALMA MED SUPPLY CORP, FIRST STOP
PT, PC, GLENMORE MEDICAL, PC, HYGGE MEDICAL SUPPLIES CORP, JANAN
SAYYED, DC, PC d/b/a ACTIVE CARE CHIROPRACTIC & NATURAL WELLNESS
EVALUATION, PC, NAUTILUS MEDICAL, PC, NEXT GENERATION DIAGNOSTIC
IMAGING, PC, OAK STREET MEDICAL, PC, REACTIVE PHYSICAL THERAPY,
PC, SEDATION VACATION PERIOPERATIVE MEDICINE PLLC a/k/a SEDATION
SUPPLY CHOICE NYC INC, TENDER REHAB PT, PC, and WILLISTON PARK
MEDICAL, PC pursuant to claim number 52-57S3-30F; 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 CHARLES SANDERS a/k/a
FIRST STOP PT, PC, GLENMORE MEDICAL, PC, HYGGE MEDICAL SUPPLIES
158596/2024 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY vs. SMALLS, Page 5of6 ABDUL RASHID ET AL Motion No. 001
[* 5] 5 of 6 FILED: NEW YORK COUNTY CLERK 03/17/2026 03:28 PM INDEX NO. 158596/2024 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 03/17/2026
REACTIVE PHYSICAL THERAPY, PC, SEDATION VACATION PERIOPERATIVE
MEDICINE PLLC a/k/a SEDATION VACATION PERIOP MED, PLLC, SUNSHINE
FAMILY HEALTH NP, PLLC, SUPPLY CHOICE NYC INC, TENDER REHAB PT,
PC, and WILLISTON PARK MEDICAL, PC, as well as on the Clerk of
the Court, who shall enter judgment accordingly; it is further
default judgment against defendants ABDUL RASHID SMALLS a/k/a
ABDUL SMALLS and DARRELL FOSKEY is denied, without prejudice;
and it is further
ORDERED that the Clerk of Court shall mark the file
accordingly.
3/17/2026 < ~u) DATE ~ORALES-MINERVA, 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
158596/2024 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY vs. SMALLS, Page 6 of6 ABDUL RASHID ET AL Motion No. 001
[* 6] 6 of 6