FILED: NEW YORK COUNTY CLERK 11/27/2020 10:37 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 160281/2020
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`RECEIVED NYSCEF: 11/27/2020
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`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`-------------------------------------------------------------------------X
`UNITRIN SAFEGUARD INSURANCE COMPANY,
`
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`Plaintiff,
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`-against-
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`
`
`
`
`
`Index No.:
`
`SUMMONS
`Plaintiff designates New York
`County as a place of trial
`
`
`
`
`
`
`BSS
`INC.
`PHARMACY
`ASTORIA ORGANIX
`METROPOLITAN MEDICAL, P.C., d/b/a BHUPINDER
`SINGH SAWHNEY, BIG APPLE MED EQUIPMENT,
`INC.,
`CHIROPRACTIC HEALTH ONE,
`P.C.,
`CITIMEDICAL
`I,
`PLLC,
`COMPLETE
`NEUROPSYCHOLOGY, DOS MANOS CHIROPRACTIC,
`P.C., HUDSON PRO ORTHOPAEDICS, HUDSON
`REGIONAL HOSPITAL,
`JAMAICA SUPPLIES, MII
`SUPPLY, LLC, MZY ACUPUNCTURE, P.C., NEW
`ENGLAND
`CHIROPRACTIC,
`P.C.,
`NEXTSTEP
`HEALING, INC., PETER TSENOVOY, MD, PREMIER
`ANESTHESIA ASSOCIATES, PA, QUALITY MED EQUIP,
`INC., REFUA RX, INC., SCOB, LLC, TOP LAB, URGENT
`PHYSICAL THERAPY, P.C., VISITING OCCUPATIONAL
`THERAPY SERVICES, P.C., WENDELL JOSEPH GORUM,
`M.D.,
`ELIZABETH ALMANZAR, CHIRSTOPHER
`VATRAN, and FRAILAN GUZMAN FERNANDEZ,
`
`
`Defendants.
`
`
`
`
`
`-------------------------------------------------------------------------X
`To the above named defendant(s):
`
`YOU ARE HEREBY SUMMONED to answer the complaint in this action and to
`
`serve a copy of your answer, or, if the complaint is not served with this summons, to
`serve a notice of appearance, on the plaintiff’s attorney(s) within 20 days after the
`service of this summons, exclusive of the day of service (or within 30 days after the
`service is complete if this summons is not personally delivered to you within the State
`of New York); and in case of your failure to appear or answer, judgment will be taken
`against you by default for the relief demanded in the complaint.
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`1 of 17
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`NYSCEF DOC. NO. 1
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`INDEX NO. 160281/2020
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`RECEIVED NYSCEF: 11/27/2020
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`-------------------------------------------------------------------------X
`UNITRIN SAFEGUARD INSURANCE COMPANY,
`
`
`
`
`
`
`
`
`
`
`
`
`
`Plaintiff,
`
`
`
`
`
`
`
`
`-against-
`
`
`
`
`
`
`
`
`
`Index No.:
`
`SUMMONS
`Plaintiff designates New York
`County as a place of trial
`
`
`
`
`
`
`BSS
`INC.
`PHARMACY
`ASTORIA ORGANIX
`METROPOLITAN MEDICAL, P.C., d/b/a BHUPINDER
`SINGH SAWHNEY, BIG APPLE MED EQUIPMENT,
`INC.,
`CHIROPRACTIC HEALTH ONE,
`P.C.,
`CITIMEDICAL
`I,
`PLLC,
`COMPLETE
`NEUROPSYCHOLOGY, DOS MANOS CHIROPRACTIC,
`P.C., HUDSON PRO ORTHOPAEDICS, HUDSON
`REGIONAL HOSPITAL,
`JAMAICA SUPPLIES, MII
`SUPPLY, LLC, MZY ACUPUNCTURE, P.C., NEW
`ENGLAND
`CHIROPRACTIC,
`P.C.,
`NEXTSTEP
`HEALING, INC., PETER TSENOVOY, MD, PREMIER
`ANESTHESIA ASSOCIATES, PA, QUALITY MED EQUIP,
`INC., REFUA RX, INC., SCOB, LLC, TOP LAB, URGENT
`PHYSICAL THERAPY, P.C., VISITING OCCUPATIONAL
`THERAPY SERVICES, P.C., WENDELL JOSEPH GORUM,
`M.D.,
`ELIZABETH ALMANZAR, CHIRSTOPHER
`VATRAN, and FRAILAN GUZMAN FERNANDEZ,
`
`
`Defendants.
`
`
`
`
`
`-------------------------------------------------------------------------X
`To the above named defendant(s):
`
`YOU ARE HEREBY SUMMONED to answer the complaint in this action and to
`
`serve a copy of your answer, or, if the complaint is not served with this summons, to
`serve a notice of appearance, on the plaintiff’s attorney(s) within 20 days after the
`service of this summons, exclusive of the day of service (or within 30 days after the
`service is complete if this summons is not personally delivered to you within the State
`of New York); and in case of your failure to appear or answer, judgment will be taken
`against you by default for the relief demanded in the complaint.
`
`
`
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`1 of 17
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`FILED: NEW YORK COUNTY CLERK 11/27/2020 10:37 AM
`NYSCEF DOC. NO. 1
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`INDEX NO. 160281/2020
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`RECEIVED NYSCEF: 11/27/2020
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`DATED:
`
`New York, New York
`November 27, 2020
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`Yours, etc.
`
`
`____________________________________
`Eli Shmulik, Esq.
`GOLDBERG MILLER & RUBIN, P.C.
`Attorneys for Plaintiff
`1501 Broadway, Suite 715
`New York, NY 10036
`(215) 735 - 3994
`File No.: KE.01229
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`2 of 17
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`FILED: NEW YORK COUNTY CLERK 11/27/2020 10:37 AM
`NYSCEF DOC. NO. 1
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`INDEX NO. 160281/2020
`
`RECEIVED NYSCEF: 11/27/2020
`
`
`
`
`
`
`
`DEFENDANTS’ ADDRESSES
`
`ASTORIA ORGANIX PHARMACY, INC.,
`88-09 101 Avenue,
`Ozone Park, New York 11416
`
`BSS METROPOLITAN MEDICAL P.C.,
`dba BHUPINDER SINGH SAWHNEY
`1820 Avenue M, Suite 229,
`Brooklyn, New York 11230
`
` BIG APPLE MED EQUIPMENT, INC.,
`16102 Union Tpke, Ste B,
`Freash Meadows, New York 11366
`
`CHIROPRACTIC HEALTH ONE, P.C.,
`799 Morris Park Avenue,
`Bronx, New York 10462
`
`CITIMEDICAL I, PLLC
`6336 99th Street,
`Rego Park, New York 11374,
`
`COMPLETE NEUROPSYCHOLOGY, P.C.
`260 Central Avenue, #319,
`Lawrence, New York 11559
`
`DOS MANOS CHIROPRACTIC, P.C.,
`170 West 233rd Street, Suite A,
`Bronx, New York 10463
`
`HUDSON PRO ORTHOPAEDICS
`143 West 29th Street, 5th Floor,
` New York, New York 10001
`
`HUDSON REGIONAL HOSPITAL,
`55 Meadowlands Parkway,
`Seacaucus, New Jersey, 07094
`
`JAMAICA SUPPLIES CORP,
`8031 188th Street,
`Jamaica, New York 11423
`
`3 of 17
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`FILED: NEW YORK COUNTY CLERK 11/27/2020 10:37 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 160281/2020
`
`RECEIVED NYSCEF: 11/27/2020
`
`
`
`
`
`
`MII SUPPLY, LLC,
`450 Jericho Turnpike,
`Mineola, New York 11501
`
`MZY ACUPUNCTURE, P.C.,
`5 Stonewall Road,
`Saddle River, New Jersey 07458
`
`NEW ENGLAND CHIROPRACTIC, P.C.
`3432-05 East Tremont Ave.,
`Bronx, New York 10465
`
`NEXTSTEP HEALING, INC.,
`86-10 117th Street,
`Richmond Hill, New York 11418
`
`PETER TSENOVOY, M.D.,
`103 River Unit Road., Unit 201,
`Edgewater, New Jersey 07020
`
`PREMIER ANESTHESIA ASSOCIATES, PA,
`313 43rd Street,
`Brooklyn, New York 11232
`
`QUALITY MED EQUIP, INC.,
`187-42 Hillside Avenue,
`Jamaica, New York 11432
`
`REFUA RX, INC.,
`182-08 Union Turnpike,
`Freash Meadows, New York 11366
`
`SCOB, LLC,
`313 43rd Street,
`Brooklyn, New York 11232,
`
`TOPLAB,
`67-71 E Willow Street,
`Millburn, New Jersey 07041,
`
`
`
`
`4 of 17
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`FILED: NEW YORK COUNTY CLERK 11/27/2020 10:37 AM
`NYSCEF DOC. NO. 1
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`INDEX NO. 160281/2020
`
`RECEIVED NYSCEF: 11/27/2020
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`
`
`URGENT PHYSICAL THERAPY, P.C.,
`187 Wolf Road, Suite 101,
`Albany, New York 12205
`
`VISITING OCCUPATIONAL THERAPY SERVICES, P.C.,
`52-48 70th Street,
`Maspeth, New York 11378
`
`WENDELL JOSEPH GORUM, M.D.,
`1503 Gravesend Neck Rd.,
`Brooklyn, New York 11229
`
`ELIZABETH ALMANZAR,
`1151 East 229th Street, Apt. 1B,
`Bronx, New York 10466
`
`CHRISTOPHER VATRAN,
` 166 East 205th St., Apt. 2C,
`Bronx, New York 10458
`
`1909 Andrew Avenue, Apt. 4S,
`Bronx, New York 10453
`
`
`
`5 of 17
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`FILED: NEW YORK COUNTY CLERK 11/27/2020 10:37 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 160281/2020
`
`RECEIVED NYSCEF: 11/27/2020
`
`COURT
`OF THE
`SUPREME
`OF NEW YORK
`COUNTY
`-------------------------------------------------------------------------X
`SAFEGUARD
`INSURANCE
`UNITRIN
`
`STATE
`
`OF NEW YORK
`
`COMPANY,
`
`Index
`
`No.:
`
`Plaintiff,
`
`COMPLAINT
`
`-against-
`
`ASTORIA
`
`ORGANIX
`
`PHARMACY
`
`METROPOLITAN
`SAWHNEY,
`CHIROPRACTIC
`
`SINGH
`
`INC.,
`CITIMEDICAL
`
`MEDICAL,
`
`BIG
`
`d/b/a
`MED
`
`P.C.,
`APPLE
`HEALTH
`
`BSS
`
`INC.,
`BHUPINDER
`
`EQUIPMENT,
`
`ONE,
`P.C.,
`COMPLETE
`
`NEUROPSYCHOLOGY,
`HUDSON
`
`P.C.,
`REGIONAL
`
`I,
`
`PLLC,
`DOS MANOS
`
`PRO
`
`HOSPITAL,
`MZY
`
`LLC,
`
`ORTHOPAEDICS,
`JAMAICA
`
`ACUPUNCTURE,
`
`CHIROPRACTIC,
`HUDSON
`
`SUPPLIES,
`NEW
`P.C.,
`NEXTSTEP
`
`MIISUPPLY,
`ENGLAND
`
`HEALING,
`ANESTHESIA
`
`REFUA
`
`INC.,
`PHYSICAL
`
`CHIROPRACTIC,
`PETER
`
`INC.,
`
`P.C.,
`
`ASSOCIATES,
`
`RX,
`
`INC.,
`
`THERAPY,
`
`THERAPY
`
`M.D.,
`
`VATRAN,
`
`SERVICES,
`ELIZABETH
`
`and
`
`FRAILAN
`
`PREMIER
`MD,
`TSENOVOY,
`MED EQUIP,
`PA, QUALITY
`URGENT
`TOP
`LAB,
`OCCUPATIONAL
`
`SCOB,
`
`LLC,
`
`VISITING
`P.C.,
`P.C., WENDELL
`ALMANZAR,
`GUZMAN
`
`JOSEPH
`
`GORUM,
`CHIRSTOPHER
`
`FERNANDEZ,
`
`-------------------------------------------------------------------------X
`
`Defendants.
`
`Plaintiff,
`
`by
`
`its
`
`attorneys,
`
`GOLDBERG,
`
`MILLER
`
`& RUBIN,
`
`P.C.,
`
`alleges
`
`upon
`
`information
`
`and
`
`belief
`
`as follows:
`
`THE PARTIES
`
`1.
`
`That
`
`at
`
`all
`
`times
`
`herein,
`
`the
`
`plaintiff,
`
`UNITRIN
`
`SAFEGUARD
`
`INSURANCE
`
`COMPANY
`
`("UNITRIN"),
`
`has
`
`been
`
`and
`
`still
`
`is
`
`an
`
`insurance
`
`company
`
`6 of 17
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`FILED: NEW YORK COUNTY CLERK 11/27/2020 10:37 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 160281/2020
`
`RECEIVED NYSCEF: 11/27/2020
`
`
`
`organized and existing under the laws of the State of New York and authorized by the
`
`State of New York to conduct the business of insuring vehicles.
`
`2.
`
`That at all times herein, defendant ASTORIA ORGANIX PHARMACY,
`
`INC., 88-09 101 Avenue, Ozone Park, New York 11416, has been and still is a New York
`
`State Corporation.
`
`3.
`
`That at all times herein, defendant BSS METROPOLITAN MEDICAL P.C.,
`
`dba BHUPINDER SINGH SAWHNEY 1820 Avenue M, Suite 229, Brooklyn, New York
`
`11230, has been and still is a New York State Professional Corporation.
`
`4.
`
` That at all times herein, defendant BIG APPLE MED EQUIPMENT, INC.,
`
`16102 Union Tpke, Ste B, Freash Meadows, New York 11366, has been and still is a New
`
`York State Corporation.
`
`5.
`
`That at all times herein, defendant CHIROPRACTIC HEALTH ONE, P.C.,
`
`799 Morris Park Avenue, Bronx, New York 10462, has been and still is a New York
`
`State Professional Corporation.
`
`6.
`
`That at all times herein, defendant CITIMEDICAL I, PLLC 6336 99th Street,
`
`Rego Park, New York 11374, has been and still is a New York State Professional Limited
`
`Liability Corporation.
`
`7.
`
`That at all times herein, defendant COMPLETE NEUROPSYCHOLOGY,
`
`P.C. 260 Central Avenue, #319, Lawrence, New York 11559, has been and still is a New
`
`York State Professional Corporation.
`
`
`
`7 of 17
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`FILED: NEW YORK COUNTY CLERK 11/27/2020 10:37 AM
`NYSCEF DOC. NO. 1
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`INDEX NO. 160281/2020
`
`RECEIVED NYSCEF: 11/27/2020
`
`
`
`8.
`
`That at all times herein, defendant DOS MANOS CHIROPRACTIC, P.C.,
`
`170 West 233rd Street, Suite A, Bronx, New York 10463 has been and still a New York
`
`State Professional Corporation.
`
`9.
`
`That at all times herein, defendant HUDSON PRO ORTHOPAEDICS 143
`
`West 29th Street, 5th Floor, New York, New York 10001, has been and still is a New York
`
`State Corporation.
`
`10.
`
`That at all times herein, defendant HUDSON REGIONAL HOSPITAL, 55
`
`Meadowlands Parkway, Seacaucus, New Jersey, 07094 has been and still a foreign
`
`corporation doing busines in New York.
`
`11.
`
`That at all times herein, defendant JAMAICA SUPPLIES CORP, 8031 188th
`
`Street, Jamaica, New York 11423 has been and still is a New York State Corporation.
`
`12.
`
`That at all times herein, defendant MII SUPPLY, LLC, 450 Jericho
`
`Turnpike, Mineola, New York 11501, has been and still is a New York State Professional
`
`Limited Liability Corporation.
`
`13.
`
`That at all times herein, defendant MZY ACUPUNCTURE, P.C., 5
`
`Stonewall Road, Saddle River, New Jersey 07458, has been and still is a New York State
`
`Professional Corporation.
`
`14.
`
`That at all times herein, defendant NEW ENGLAND CHIROPRACTIC,
`
`P.C. 3432-05 East Tremont Ave., Bronx, New York 10465 has been and still is a New
`
`York State Professional Corporation.
`
`
`
`8 of 17
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`FILED: NEW YORK COUNTY CLERK 11/27/2020 10:37 AM
`NYSCEF DOC. NO. 1
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`INDEX NO. 160281/2020
`
`RECEIVED NYSCEF: 11/27/2020
`
`
`
`15.
`
`That at all times herein, defendant NEXTSTEP HEALING, INC., 86-10
`
`117th Street, Richmond Hill, New York 11418, has been and still is a New York State
`
`Corporation.
`
`16.
`
`That at all times herein, defendant PETER TSENOVOY, M.D., 103 River
`
`Unit Road., Unit 201, Edgewater, New Jersey 07020 has been and still is resident of the
`
`State of New Jersey.
`
`17.
`
`That at all
`
`times herein, defendant PREMIER ANESTHESIA
`
`ASSOCIATES, PA, 313 43rd Street, Brooklyn, New York 11232, has been and still is
`
`foreign business corporation doing business in New York.
`
`18.
`
`That at all times herein, defendant QUALITY MED EQUIP, INC., 187-42
`
`Hillside Avenue, Jamaica, New York 11432, has been and still is a New York State
`
`Corporation.
`
`19.
`
`That at all times herein, defendant REFUA RX, INC., 182-08 Union
`
`Turnpike, Freash Meadows, New York 11366, has been and still is a New York State
`
`Corporation.
`
`20.
`
`That at all times herein, defendant SCOB, LLC, 313 43rd Street, Brooklyn,
`
`New York 11232, has been and still is a New York State Limited Liability Corporation.
`
`21.
`
`That at all times herein, defendant TOPLAB, 67-71 E Willow Street,
`
`Millburn, New Jersey 07041, has been and still is a foreign busienss corporation doing
`
`buisness in New York.
`
`
`
`9 of 17
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`INDEX NO. 160281/2020
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`RECEIVED NYSCEF: 11/27/2020
`
`
`
`22.
`
`That at all times herein, defendant URGENT PHYSICAL THERAPY, P.C.,
`
`187 Wolf Road, Suite 101, Albany, New York 12205 has been and still is a New York
`
`State Professional Corporation.
`
`23.
`
`That at all times herein, defendant VISITING OCCUPATIONAL
`
`THERAPY SERVICES, P.C., 52-48 70th Street, Maspeth, New York 11378, has been and
`
`still is a New York State Professional Corporation.
`
`24.
`
`That at all times herein, defendant WENDELL JOSEPH GORUM, M.D.,
`
`1503 Gravesend Neck Rd., Brooklyn, New York 11229, has been and still is a New York
`
`State Resident.
`
`25.
`
`That at all times herein, defendant ELIZABETH ALMANZAR, 1151 East
`
`229th Street, Apt. 1B, Bronx, New York 10466, has been and still is a New York State
`
`Resident.
`
`26.
`
`That at all times herein, defendant CHRISTOPHER VATRAN, 166 East
`
`205th St., Apt. 2C, Bronx, New York 10458 has been and still is a New York State
`
`Resident.
`
`27.
`
`That at all times herein, defendant FRAILAN GUZMAN FERNANDEZ,
`
`1909 Andrew Avenue, Apt. 4S, Bronx, New York 10453, has been and still is a New
`
`York State Resident.
`
` DEFENDANTS’ CLAIMS
`
`28.
`
`That on September 2, 2019, the defendants ELIZABETH ALMANZAR
`
`(“ALMANZAR”), CHRISTOPHER VATRAN (“VATRAN”) and FRAILAN GUZMAN
`
`FERNANDEZ
`
`(“FERNANDEZ”)
`
`(collectively
`
`the “Claimants”) were allegedly
`
`
`
`10 of 17
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`NYSCEF DOC. NO. 1
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`RECEIVED NYSCEF: 11/27/2020
`
`
`
`occupants of a 2014 Honda insured through UNITRIN when it was allegedly involved
`
`in a collision at or near 944 Boynton Avenue, Bronx New York. The Police Report notes
`
`very minor damage to both vehicles, that the airbags did not deploy, and that the
`
`Claimants refused medical attention at the scene.
`
`29.
`
`That the Claimants later reported to have sustained serious bodily injuries
`
`in this collision. UNITRIN assigned claim number C049661NY19 to all No-Fault claims
`
`relating to the alleged September 2, 2019 collision.
`
`30.
`
`That under 11 N.Y.C.R.R. 65-1.1, which governs No-Fault claims for the
`
`Claimant, the “Mandatory Personal Injury Protection Endorsement” of the regulation
`
`requires that insurers such as UNITRIN provide No-Fault benefits to persons injured in
`
`the use or operation of vehicles in New York State, subject to certain conditions and
`
`terms. The “conditions” provision of the Mandatory Personal Injury Protection
`
`endorsement states:
`
`Conditions
`Action Against Company. No action shall lie against the Company unless,
`as a condition precedent thereto, there shall have been full compliance
`with the terms of this coverage.
`*
`*
`
`
`
`
`*
`… Upon request by the Company, the eligible insured person or that
`person’s assignee or representative shall:
`
`
`
`
`*
`*
`*
`(b)
`as may reasonably be required submit to examinations under oath
`by any person named by the Company and subscribe the same;
`
`
`
`*
`*
`*
`provide any other pertinent information that my assist the
`Company in determining the amount due and payable.
`
`That the “exclusions” provision of the Mandatory Personal Injury
`
`
`(d)
`
`
`
`
`
`
`
`31.
`
`Protection endorsement states:
`
`
`
`11 of 17
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`NYSCEF DOC. NO. 1
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`INDEX NO. 160281/2020
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`RECEIVED NYSCEF: 11/27/2020
`
`
`
`
`
`
`Exclusions
`This coverage does not apply to personal injury sustained by:
`
`
`
`
`*
`*
`*
`(f)
`any person who intentionally causes his or her own personal
`injury.
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`32.
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`That in addition, 11 N.Y.C.R.R. 65-3.5(c) provides that: “the insurer is
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`entitled to receive all items necessary to verify the claim directly from the parties from
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`whom such verification was requested.”
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`33.
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`That the Claimants allegedly sustained personal injuries allegedly arising
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`out of the use or operation of the insured motor vehicle and began receiving treatment
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`from the remaining defendants ASTORIA ORGANIX PHARMACY INC., BSS
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`METROPOLITAN MEDICAL, P.C., d/b/a SINGH SAWHNEY, BIG APPLE MED
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`EQUIPMENT, INC., CHIROPRACTIC HEALTH ONE, P.C., CITIMEDICAL I, PLLC,
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`COMPLETE NEUROPSYCHOLOGY, DOS MANOS CHIROPRACTIC, P.C., HUDSON
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`PRO ORTHOPAEDICS, HUDSON REGIONAL HOSPITAL, JAMAICA SUPPLIES,
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`MIISUPPLY, LLC, MZY ACUPUNCTURE, P.C., NEW ENGLAND CHIROPRACTIC,
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`P.C., NEXTSTEP HEALING, INC., PETER TSENOVOY, MD, PREMIER ANESTHESIA
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`ASSOCIATES, PA, QUALITY MED EQUIP, INC., REFUA RX, INC., SCOB, LLC, TOP
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`LAB, URGENT PHYSICAL THERAPY, P.C., VISITING OCCUPATIONAL THERAPY
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`SERVICES, P.C., and WENDELL JOSEPH GORUM, M.D., (collectively, “Medical
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`Provider Defendants”), as well as various other medical providers not named in this
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`action. The Medical Provider Defendants have submitted over $90,000 in No-Fault
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`claims as the alleged assignees of the Claimant, exclusive of interest and attorney fees.
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`12 of 17
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`FILED: NEW YORK COUNTY CLERK 11/27/2020 10:37 AM
`NYSCEF DOC. NO. 1
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`INDEX NO. 160281/2020
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`RECEIVED NYSCEF: 11/27/2020
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`34.
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`That in addition to the sheer magnitude of the claims submitted, the
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`claim’s legitimacy was questionable because:
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`- That the Police Report indicates the Claimants did not report injuries at the
`scene
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`- That the UNITRIN vehicle contained multiple unrelated occupants
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`- That the Claimants have since reported similar injuries and/or have received
`identical treatment
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`- The Claimants treated at the same medical facilities.
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`- That one or more of the Medical Provider Defendants have previously
`submitted questionable claims.
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`35.
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`That these factors raised a strong possibility that the alleged injuries of the
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`Claimant and any subsequent treatment submitted by the Medical Provider Defendants
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`were not causally related to the collision and/or did not arise from an insured incident,
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`both of which would be considered non-covered events under the No-Fault regulations.
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`THE DEFENDANTS’ VIOLATIONS OF THE NO-FAULT REGULATIONS
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`36.
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`That based upon these factors, UNITRIN, pursuant to its rights under the
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`No-Fault regulations, duly and properly sought examination under oath (“EUO”) of the
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`Claimant to confirm the legitimacy of this loss and the necessity of any alleged
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`treatment and referrals.
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`37.
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`That despite due demand, the Claimants failed to appear for their duly
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`scheduled EUOs on two or more occasions each. That these failures to appear were
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`violations of a condition precedent to coverage for all No-Fault claims submitted by
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`them and UNITRIN has duly denied their claims on that basis.
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`13 of 17
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`FILED: NEW YORK COUNTY CLERK 11/27/2020 10:37 AM
`NYSCEF DOC. NO. 1
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`INDEX NO. 160281/2020
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`RECEIVED NYSCEF: 11/27/2020
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`38.
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`That the defendants have commenced or will commence legal actions or
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`file for arbitrations against UNITRIN seeking money damages for the No-Fault claims
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`that UNITRIN properly denied as detailed above.
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`39.
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`That UNITRIN requires and requests a declaration of the right and other
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`legal relations of the respective parties in accordance with the applicable laws relating
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`to declaratory judgment.
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`40.
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`41.
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`That UNITRIN has no adequate remedy at law.
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`That UNITRIN has not previously sought the relief requested herein in
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`this or any other Court.
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`FOR A FIRST CAUSE OF ACTION
`(No Coverage: Failure to appear for EUOs)
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`42. UNITRIN repeats and realleges the allegations contained in paragraphs 1
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`through 41 of the complaint as if fully set forth herein.
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`43.
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`That despite due demand, the Claimants failed to appear for duly
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`scheduled EUOs on two or more occasions each, a breach of a condition precedent to
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`coverage and UNITRIN has duly denied their claims on that basis.
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`44.
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`That these breaches of the No-Fault regulations relieve UNITRIN of any
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`obligations to pay any and all No-Fault claims of the Claimants and their assignees.
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`45.
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`That by reason of the foregoing, UNITRIN is entitled to a judgment
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`declaring that it owes no duty to pay the No-Fault claims of the Claimants and their
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`assignees with respect to the September 2, 2019 collision.
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`14 of 17
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`FILED: NEW YORK COUNTY CLERK 11/27/2020 10:37 AM
`NYSCEF DOC. NO. 1
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`INDEX NO. 160281/2020
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`RECEIVED NYSCEF: 11/27/2020
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`FOR A SECOND CAUSE OF ACTION
`(Founded Belief)
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`46. UNITRIN repeats and realleges the allegations contained in paragraphs 1
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`through 45 of the complaint as if fully set forth herein.
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`47.
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`That based upon its investigation, UNITRIN maintains a founded belief
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`that the alleged collision was not a covered event.
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`48.
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`That by reason of the foregoing, UNITRIN is entitled to a judgment
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`declaring that it owes no duty to pay the No-Fault claims of the Claimants and their
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`assignees with respect to the September 2, 2019 collision.
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`FOR A THIRD CAUSE OF ACTION
`(Permanent stay)
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`49. UNITRIN repeats and realleges the allegations contained in paragraphs 1
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`through 48 of the complaint as if fully set forth herein.
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`50.
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`That UNITRIN will suffer irreparable harm if a permanent stay of all
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`arbitrations, lawsuits and/or claims by the defendants is not issued.
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`51.
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`That UNITRIN is therefore entitled to a judgment declaring a permanent
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`stay of all arbitrations, lawsuits and/or claims by defendants relating to the No-Fault
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`claims of the Claimant arising from the September 2, 2019 collision referenced above.
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`WHEREFORE,
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`the plaintiff, UNITRIN ADVANTAGE
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`INSURANCE
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`COMPANY, demands judgment as follows:
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`15 of 17
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`FILED: NEW YORK COUNTY CLERK 11/27/2020 10:37 AM
`NYSCEF DOC. NO. 1
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`INDEX NO. 160281/2020
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`RECEIVED NYSCEF: 11/27/2020
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`a. On the First Cause of Action, declaring that UNITRIN owes no duty to
`pay any all No-Fault claims with respect to the September 2, 2019
`collision referenced in this complaint;
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`b. On the First Cause of Action, declaring that UNITRIN owes no duty to
`pay any all No-Fault claims with respect to the September 2, 2019
`collision referenced in this complaint;
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`c. On the Third Cause of Action against the defendants, permanently
`staying all No-Fault lawsuits and arbitrations brought by the
`defendants pending the outcome of this action relating to the
`September 2, 2019 collision referenced in the complaint;
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`d. For costs and disbursements of this action; and
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`e. For such other and further relied as the Court deems just and proper.
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`DATED: New York, New York
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` November 27, 2020
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`__________________________________________
`Eli Shmulik, Esq.
`GOLDBERG, MILLER & RUBIN, P.C.
`Attorneys for Plaintiff
`1501 Broadway, Suite 715
`New York, NY 10036
`(215) 735 - 3994
`File No.: KE.01229
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`16 of 17
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`FILED: NEW YORK COUNTY CLERK 11/27/2020 10:37 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 160281/2020
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`RECEIVED NYSCEF: 11/27/2020
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`
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`Index No.:
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
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` UNITRIN SAFEGAURD INSURANCE COMPANY
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`Plaintiff(s),
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` -Against-
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`ASTORIA ORGANIX PHARMACY INC., et. al
`Defendant(s),
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`SUMMONS AND COMPLAINT
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`GOLDBERG, MILLER & RUBIN, P.C.
`Attorneys for Defendant(s)
`1501 Broadway, Suite 715
`New York, New York 10036
`(646) 863-1531
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`17 of 17
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