FILED: QUEENS COUNTY CLERK 03/08/2024 11:31 AM
`NYSCEF DOC. NO. 7
`
`INDEX NO. 722834/2023
`
`RECEIVED NYSCEF: 03/08/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF QUEENS
`--------------------------------------------------------------------X
`AMERICAN TRANSIT INSURANCE COMPANY,
`
` Plaintiff,
`
`
`
`-against-
`
`
`ADVANCED ORTHOPAEDICS, P.L.L.C., ET AL.,
`
`
` Defendants.
`--------------------------------------------------------------------X
`
`
`
`INDEX NO. 722834/23
`
`
`ANSWER
`
`
`
`FILE # 69,468
`
`Defendants BRIYUT MEDICAL, P.C., FORCE OF NATURE CHIROPRACTIC, P.C.
`
`PROGRESSIVE HEALTHCARE MEDICINE, P.C. and RESTART PSYCHOLOGICAL
`
`SERVICES, P.C. (hereinafter “Answering Defendants”) by their attorneys, KOPELEVICH &
`
`FELDSHEROVA, P.C., as and for their answer respectfully allege upon information and belief as
`
`follows:
`
`1. Deny any knowledge and information sufficient to form a belief as to each and every allegation
`
`contained in the paragraphs of the complaint therein designated as 1-3, 5-7, 9-12, 15-24, 27-
`
`34, 37-38, 40 and refer all questions of law to this Honorable Court.
`
`2. Deny any knowledge and information sufficient to form a belief as to each and every allegation
`
`contained in the paragraph of the complaint therein designated as 25 EXCEPT admit that
`
`DARKINE MOISE sought no-fault services from Answering Defendants.
`
`3. Deny any knowledge and information sufficient to form a belief as to each and every allegation
`
`contained in the paragraph of the complaint therein designated as 26 EXCEPT admit that
`
`DARKINE MOISE assigned rights to collect no-fault benefits to Answering Defendants.
`
`4. Deny any knowledge and information sufficient to form a belief as to each and every allegation
`
`contained in the paragraph of the complaint therein designated as 35 EXCEPT admit that
`
`Answering Defendants have submitted claims to Plaintiff as assignee of DARKINE MOISE.
`
`5. Deny any knowledge and information sufficient to form a belief as to each and every allegation
`
`contained in the paragraph of the complaint therein designated as 36 EXCEPT admit that
`
`Answering Defendants have commenced or have the right to commence actions or arbitrations
`
`against the Plaintiff.
`
`
`
`1
`
`1 of 7
`
`

`

`FILED: QUEENS COUNTY CLERK 03/08/2024 11:31 AM
`NYSCEF DOC. NO. 7
`
`INDEX NO. 722834/2023
`
`RECEIVED NYSCEF: 03/08/2024
`
`6. To the extent that Plaintiff repeats and reallges prior allegations of the complaint as set forth
`
`in paragraph 39, Answering Defendants repeat and reallge each and every admission, denial
`
`and allegation set forth above with the same force and effect as if stated here in full.
`
`AS FOR THE FIRST, SEPARATE, AND DISTINCT
`
`AND COMPLETE AFFIRMATIVE DEFENSE:
`
`Plaintiff’s complaint fails to state a proper and valid cause of action in each and every cause
`
`of action upon which relief may be granted, and is thus fatally defective.
`
`AS FOR THE SECOND, SEPARATE, AND DISTINCT
`
`AND COMPLETE AFFIRMATIVE DEFENSE;
`
`Venue is improper.
`
`AS FOR THE THIRD, SEPARATE, AND DISTINCT
`
`AND COMPLETE AFFIRMATIVE DEFENSE;
`
`Forum non conveniens.
`
`AS FOR THE FOURTH, SEPARATE, AND DISTINCT
`
`AND COMPLETE AFFIRMATIVE DEFENSE:
`
`Plaintiff has failed to properly commence the instant action.
`
`AS FOR THE FIFTH, SEPARATE, AND DISTINCT
`
`AND COMPLETE AFFIRMATIVE DEFENSE:
`
`Statutes of limitations have expired on the Plaintiff’s action.
`
`AS FOR THE SIXTH, SEPARATE, AND DISTINCT
`
`AND COMPLETE AFFIRMATIVE DEFENSE:
`
`Plaintiff lacks legal capacity to sue.
`
`AS FOR THE SEVENTH, SEPARATE, AND DISTINCT
`
`AND COMPLETE AFFIRMATIVE DEFENSE:
`
`Plaintiff lacks standing to bring this cause of action against the Answering Defendants
`
`because the Answering Defendants owe no duty to Plaintiff.
`
`AS FOR THE EIGHTH, SEPARATE, AND DISTINCT
`
`AND COMPLETE AFFIRMATIVE DEFENSE:
`
`Plaintiff is barred from disclaiming liability under the doctrine of laches and equitable
`
`estoppel.
`
`
`
`AS FOR THE NINTH, SEPARATE, AND DISTINCT
`
`2
`
`2 of 7
`
`

`

`FILED: QUEENS COUNTY CLERK 03/08/2024 11:31 AM
`NYSCEF DOC. NO. 7
`
`INDEX NO. 722834/2023
`
`RECEIVED NYSCEF: 03/08/2024
`
`AND COMPLETE AFFIRMATIVE DEFENSE:
`
`There are other actions pending for the same causes of action, therefore, this case is barred.
`
`AS FOR THE TENTH, SEPARATE, AND DISTINCT
`
`AND COMPLETE AFFIRMATIVE DEFENSE:
`
`Necessary parties have not been included as parties to this action.
`
`AS FOR THE ELEVENTH, SEPARATE, AND DISTINCT
`
`AND COMPLETE AFFIRMATIVE DEFENSE:
`
`The alleged causes of action are barred by any prior payment, release or settlement.
`
`AS FOR THE TWELFTH, SEPARATE, AND DISTINCT
`
`AND COMPLETE AFFIRMATIVE DEFENSE:
`
`Plaintiff will be unjustly enriched.
`
`AS FOR THE THIRTEENTH, SEPARATE, AND DISTINCT
`
`AND COMPLETE AFFIRMATIVE DEFENSE:
`
`The Answering Defendants did not deceive or cause to deceive the Plaintiff.
`
`AS FOR THE FOURTEENTH, SEPARATE, AND DISTINCT
`
`AND COMPLETE AFFIRMATIVE DEFENSE:
`
`Plaintiff’s damages if any are the result of its own fraudulent practices.
`
`AS FOR THE FIFTEENTH, SEPARATE, AND DISTINCT
`
`AND COMPLETE AFFIRMATIVE DEFENSE:
`
`That in the event any judgment or verdict is rendered in favor of Plaintiff, the Answering
`
`Defendants are entitled to have such judgment or verdict reduced by the amounts of any
`
`collateral payments.
`
`AS FOR THE SIXTEENTH, SEPARATE, AND DISTINCT
`
`AND COMPLETE AFFIRMATIVE DEFENSE:
`
`Upon information and belief, Plaintiff is barred from making this claim because of the failure
`
`of Plaintiff to comply with all the insurance laws, rules and regulations.
`
`AS FOR THE SEVENTEENTH, SEPARATE, AND DISTINCT
`
`AND COMPLETE AFFIRMATIVE DEFENSE:
`
`Plaintiff failed to issue timely denials of Answering Defendant’s claims.
`
`AS FOR THE EIGHTEENTH, SEPARATE, AND DISTINCT
`
`AND COMPLETE AFFIRMATIVE DEFENSE:
`
`
`
`3
`
`3 of 7
`
`

`

`FILED: QUEENS COUNTY CLERK 03/08/2024 11:31 AM
`NYSCEF DOC. NO. 7
`
`INDEX NO. 722834/2023
`
`RECEIVED NYSCEF: 03/08/2024
`
`All bills as submitted to Plaintiff by the Answering Defendant were not fraudulent.
`
`AS FOR THE NINETEENTH, SEPARATE, AND DISTINCT
`
`AND COMPLETE AFFIRMATIVE DEFENSE:
`
`The Answering Defendant did not breach the provisions of the insurance policy issued by
`
`Plaintiff.
`
`AS FOR THE TWENTIETH, SEPARATE, AND DISTINCT
`
`AND COMPLETE AFFIRMATIVE DEFENSE:
`
`The Answering Defendant is properly incorporated and operate pursuant to the applicable
`
`laws and regulations of the State of New York.
`
`AS FOR THE TWENTY-FIRST SEPARATE, AND DISTINCT
`
`AND COMPLETE AFFIRMATIVE DEFENSE:
`
`All services provided by Answering Defendant were causally related to an insured incident.
`
`AS FOR THE TWENTY-SECOND, SEPARATE, AND DISTINCT
`
`AND COMPLETE AFFIRMATIVE DEFENSE:
`
`Any denials issued by Plaintiff failed to preserve relevant defenses to coverage.
`
`AS FOR THE TWENTY-THIRD, SEPARATE, AND DISTINCT
`
`AND COMPLETE AFFIRMATIVE DEFENSE:
`
`Plaintiff failed to timely and properly deny Answering Defendant’s claims.
`
`AS FOR THE TWENTY-FOURTH SEPARATE, AND DISTINCT
`
`AND COMPLETE AFFIRMATIVE DEFENSE:
`
`Plaintiff’s claims are barred by res judicata and collateral estoppel.
`
`AS FOR THE TWENTY-FIFTH SEPARATE, AND DISTINCT
`
`AND COMPLETE AFFIRMATIVE DEFENSE:
`
`Lack of jurisdiction.
`
`AS FOR THE TWENTY-SIXTH SEPARATE, AND DISTINCT
`
`AND COMPLETE AFFIRMATIVE DEFENSE:
`
`Improper service.
`
` WHEREFORE, it is respectfully requested that a judgment be granted:
`
`(1) Dismissing the complaint herein as against Answering Defendants by their attorneys,
`
`KOPELEVICH & FELDSHEROVA, P.C. with costs and disbursements of this action; and,
`
`
`
`4
`
`4 of 7
`
`

`

`FILED: QUEENS COUNTY CLERK 03/08/2024 11:31 AM
`NYSCEF DOC. NO. 7
`
`INDEX NO. 722834/2023
`
`RECEIVED NYSCEF: 03/08/2024
`
`(2) Granting such other, further, or different relief as this court may deem just and proper.
`
`
`
`Dated: March 7, 2024
` Brooklyn, NY
`
`
`
`
`
`KOPELEVICH & FELDSHEROVA, P.C.
`Attorneys for Defendants
`BRIYUT MEDICAL, P.C.
`FORCE OF NATURE CHIROPRACTIC, P.C.
`PROGRESSIVE HEALTHCARE MEDICINE, P.C.
`RESTART PSYCHOLOGICAL SERVICES, P.C.
`241 37th Street, Suite B439
`Brooklyn, NY 11232
`718-332-0577
`
`By:___________________________________
`__ Mikhail KOPELEVICH __Galina FELDSHEROVA
`
`
`
`
`
`TO: LAW OFFICES OF DANIEL J. TUCKER
` Attorneys for Plaintiff
` One MetroTech Center, 7th Floor
` Brooklyn, NY 11201
`
`
`
`5
`
`5 of 7
`
`

`

`FILED: QUEENS COUNTY CLERK 03/08/2024 11:31 AM
`NYSCEF DOC. NO. 7
`
`INDEX NO. 722834/2023
`
`RECEIVED NYSCEF: 03/08/2024
`
`
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF QUEENS
`----------------------------------------------------------------------X
`AMERICAN TRANSIT INSURANCE COMPANY,
`
` Plaintiff,
`-against-
`
`ADVANCED ORTHOPAEDICS, P.L.L.C., ET AL.,
` Defendants.
`-----------------------------------------------------------------------X
`
`The undersigned, an attorney duly admitted to practice law in the Courts of the State of New York,
`
`
`
`
`
`
`
`Index No. 722834/23
`
`
`VERIFICATION
`
`
`File No. 69,468
`
`affirms as follows under penalty of perjury:
`
`Affirmant is associated with the firm of Kopelevich & Feldsherova, P.C., the attorney of record
`
`for Defendants BRIYUT MEDICAL, P.C., FORCE OF NATURE CHIROPRACTIC, P.C.
`
`PROGRESSIVE HEALTHCARE MEDICINE, P.C. and RESTART PSYCHOLOGICAL
`
`SERVICES, P.C. Affirmant has read the annexed answer and knows the contents thereof, and the
`
`same are true to the best of affirmant’s knowledge, except as to those matters therein stated to be
`
`alleged upon information and belief; and as to those matters, affirmant believes to be true. The
`
`source of affirmant’s knowledge and the grounds of belief, as to those matters therein not stated
`
`upon knowledge, are bills, reports, conversations with Defendant’s employees, routine business
`
`practices, etc.
`
`Affirmant makes this verification on behalf of Defendants BRIYUT MEDICAL, P.C., FORCE OF
`
`NATURE CHIROPRACTIC, P.C. PROGRESSIVE HEALTHCARE MEDICINE, P.C. and
`
`RESTART PSYCHOLOGICAL SERVICES, P.C. as affirmant is an attorney authorized to verify
`
`said Answer.
`
`Dated: March 7, 2024 Signed__________________________
`
` __Mikhail KOPELEVICH __ Galina FELDSHEROVA
`
`
`
`
`6
`
`6 of 7
`
`

`

`FILED: QUEENS COUNTY CLERK 03/08/2024 11:31 AM
`NYSCEF DOC. NO. 7
`
`INDEX NO. 722834/2023
`
`RECEIVED NYSCEF: 03/08/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF QUEENS
`-------------------------------------------------------------------X
`AMERICAN TRANSIT INSURANCE COMPANY,
`
`
`
`
`
`
` Plaintiff,
` INDEX NO. 722834/23
` -against-
`
`
`
`ADVANCED ORTHOPAEDICS, P.L.L.C., ET AL.,
`
` Defendants.
`
`-------------------------------------------------------------------X
`
`
`
`
`
`ANSWER
`
`
`
`KOPELEVICH & FELDSHEROVA, P.C.
`Attorneys for Defendants
`BRIYUT MEDICAL, P.C.
`FORCE OF NATURE CHIROPRACTIC, P.C.
`PROGRESSIVE HEALTHCARE MEDICINE, P.C.
`RESTART PSYCHOLOGICAL SERVICES, P.C.
`241 37th Street, Suite B439
`Brooklyn, NY 11232
`718-332-0577
`File # 69,468
`
`Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney duly admitted to practice in the courts of New
`York State, certifies that, upon information and belief and reasonable inquiry, the contentions contained in
`the annexed documents are not frivolous.
`
`Dated: March 7, 2024
`
` Print Signer’s Name: __Mikhail KOPELEVICH __ Galina FELDSHEROVA
`
`
`
`
`............................................................
`
`Signature:
`
`TO: LAW OFFICES OF DANIEL J. TUCKER
` Attorneys for Plaintiff
` One MetroTech Center, 7th Floor
` Brooklyn, NY 11201
` (212) 857-8200
`
`
`
`
`
`7
`
`7 of 7
`
`