Erie Ins. Co. of N.Y. v Jeannot

2024 NY Slip Op 33032(U)

August 28, 2024

Supreme Court, New York County

Docket Number: Index No. 150196/2024

Judge: Mary V. Rosado

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.
NYSCEF DOC. NO. 32 

INDEX NO. 150196/2024 

RECEIVED NYSCEF: 08/28/2024 

PRESENT: 

SUPREME COURT OF THE STATE OF NEW YORK 

NEW YORK COUNTY 

HON. MARY V. ROSADO PART 

Justice 

33M 

-------------------------------------------------------X INDEX NO. 

MOTION DATE 

MOTION SEQ. NO. 

150196/2024 

ERIE INSURANCE COMPANY OF NEW YORK, 

Plaintiff, 

- V -

JACQUES JEANNOT, ACTIVE LIFE CHIROPRACTIC 

P.C.,ANARAFENA MEDICAL, PLLC,ANTARAM 

INC.,APTECHKA RX INC.,ATLANTIC MEDICAL & 

DIAGNOSTIC, P.C.,BANAY PHYSICAL THERAPY 

P.C.,BROWN STONE ACUPUNCTURE P.C.,CITY ORTHO 

TRADING lNC.,CORONA FAMILY CHIROPRACTIC CARE, 

P.C.,CR MEDICAL CARE, PLLC,DR. RIOTTO 

CHIROPRACTIC, P.C.,EASY CARE MEDICAL SERVICES 

P.C.,EQUIP SERVICES INC.,GOAL PHYSICAL THERAPY 

P.C.,JULES F. PARISIEN, LENOX HILL RADIOLOGY AND 

MEDICAL IMAGING ASSOCIATES, P.C.,LR MEDICAL, 

PLLC,MEDEX DIAGNOSTIC AND TREATMENT CENTER, 

LLC,METROCARE MEDICAL P.C.,MODERN RX 

PHARMACY INC, NEW YORK INTERVENTIONAL PAIN 

PHYSICIANS, NEXT GENERATION DIAGNOSTIC 

IMAGING P.C.,PROMPT MEDICAL GROUP INC.,PROMPT 

MEDICAL SPINE CARE, PLLC,QUALITY ORTHOPEDICS 

AND COMPLETE JOINT CARE P.C.,RIDGEWOOD DRUG 

INC.,RIGHT CHOICE SUPPLY INC.,ROMAN 

VAYNSHTEYN CHIROPRACTIC, P.C.,SKILLMAN 

CHEMISTS CORP., SUNSET MEDICAL SUPPLY INC, 

WASSEF MEDICAL SERVICES P.C. 

Defendants. 

--------------------------------------------------------------------------------X 

05/21/2024 

001 

DECISION + ORDER ON 

MOTION 

The following e-filed documents, listed by NYSCEF document number (Motion 001) 15, 16, 17, 18, 19, 

20, 21, 22,23, 24,25,26,27, 28, 29, 30, 31 

were read on this motion to/for JUDGMENT - DEFAULT 

Upon the foregoing documents, there being no opposition and good cause having been 

shown, Plaintiff Erie Insurance Company of New Yark' s ("Plaintiff') motion for default judgment 

against Defendants Active Life Chiropractic P.C., Aptechka RX Inc., Atlantic Medical & 

Diagnostic, P.C., Banay Physical Therapy P.C., Brown Stone Acupuncture P.C., City Ortho 

Trading Inc., Corona Family Chiropractic Care, P.C., CR Medical Care P.L.L.C., Medex 

150196/2024 ERIE INSURANCE COMPANY OF NEW YORK vs. JEANNOT, JACQUES ET AL 

Motion No. 001 

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NYSCEF DOC. NO. 32 

INDEX NO. 150196/2024 

RECEIVED NYSCEF: 08/28/2024 

Diagnostic and Treatment Center, LLC, Metrocare Medical P.C., Modem RX Pharmacy Inc, 

Prompt Medical Spine Care, PLLC, Quality Orthopedics and Complete Joint Care P.C., Right 

Choice Supply Inc, and Sunset Medical Supply Inc. (together, "Defaulting Defendants") is 

granted. 

An applicant for default judgment against a defendant must submit: (i) proof of service of 

the summons and complaint, (ii) proof of the facts constituting the claim, and (iii) proof of the 

defaulting defendant's failure to answer or appear (PV Holding Corp v AB Quality Health Supply 

Corp, 189 AD3d 645 [1st Dept 2020]). Affidavits submitted in support of a motion for default 

judgment only need to allege enough facts to allow a court to assess where a viable cause of action 

exists (Woodson v Mendon Leasing Corp., 100 NY2d 62, 71 [2003]). In undertaking this review, 

the Court is mindful that "defaulters are deemed to have admitted all factual allegations in the 

complaint and all reasonable inferences that flow from them (Al Fayed v Barak, 39 AD3d 371, 

372 [1st Dept 2007]). 

The Court finds that Plaintiff has satisfied proof of service with respect to the Defaulting 

Defendants by filing affidavits of service for each Defaulting Defendant (NYSCEF Doc. 18). 

Plaintiff has also satisfied its minimal burden of proving the facts constituting its claim by filing 

an Affidavit of Merit sworn to April 24, 2024 (NYSCEF Doc. 20). Further, Defaulting Defendants 

have failed to file answers or otherwise appear in this action despite their time for doing so having 

expired. 1 Therefore, entry of default judgment against the Defaulting Defendants and in favor of 

Plaintiff is appropriate. 

1 Corona Family Chiropractic Care, P.C. ("CFCC") was served with the Summons and Verified Complaint through 

the Secretary of State on January 12, 2024 (NYSCEF Doc. 18 at 11 ). Pursuant to CPLR 320(a) CFCC was required 

to file an answer or otherwise appear in this action within 30 days of service of the Summons. However, CFCC did 

not file its Answer until February 29, 2024, after the expiration of their 30-day deadline (NYSCEF Doc. 11). Plaintiff 

filed a Notice of Rejection of CFCC's Answer dated February 29, 2024 (NYSCEF Doc. 12). CFCC has not opposed 

Plaintiffs motion for default judgment nor moved to compel Plaintiff to accept its untimely Answer. 

150196/2024 ERIE INSURANCE COMPANY OF NEW YORK vs. JEANNOT, JACQUES ET AL 

Motion No. 001 

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NYSCEF DOC. NO. 32 

Accordingly, it is hereby, 

INDEX NO. 150196/2024 

RECEIVED NYSCEF: 08/28/2024 

ORDERED that Plaintiff Erie Insurance Company of New York's motion for default 

judgment against Defaulting Defendants Active Life Chiropractic P.C., Aptechka RX Inc., 

Atlantic Medical & Diagnostic, P.C., Banay Physical Therapy P.C., Brown Stone Acupuncture 

P.C., City Ortho Trading Inc., Corona Family Chiropractic Care, P.C., CR Medical Care P.L.L.C., 

Medex Diagnostic and Treatment Center, LLC, Metrocare Medical P.C., Modem RX Pharmacy 

Inc, Prompt Medical Spine Care, PLLC, Quality Orthopedics and Complete Joint Care P.C., Right 

Choice Supply Inc, and Sunset Medical Supply Inc. is granted; and it is further 

ORDERED, ADruDGED and DECLARED that Plaintiff Erie Insurance Company of New 

York owes no duty to Defaulting Defendants Active Life Chiropractic P.C., Aptechka RX Inc., 

Atlantic Medical & Diagnostic, P.C., Banay Physical Therapy P.C., Brown Stone Acupuncture 

P.C., City Ortho Trading Inc., Corona Family Chiropractic Care, P.C., CR Medical Care P.L.L.C., 

Medex Diagnostic and Treatment Center, LLC, Metrocare Medical P.C., Modem RX Pharmacy 

Inc, Prompt Medical Spine Care, PLLC, Quality Orthopedics and Complete Joint Care P.C., Right 

Choice Supply Inc, and Sunset Medical Supply Inc. to pay No-Fault claims with respect to the 

January 30, 2023 collision referenced in the Complaint; and it is further 

[The remainder of this page is intentionally left blank] 

150196/2024 ERIE INSURANCE COMPANY OF NEW YORK vs. JEAN NOT, JACQUES ET AL 

Motion No. 001 

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NYSCEF DOC. NO. 32 

INDEX NO. 150196/2024 

RECEIVED NYSCEF: 08/28/2024 

ORDERED, ADJUDGED and DECLARED that Defaulting Defendants Active Life 

Chiropractic P.C., Aptechka RX Inc., Atlantic Medical & Diagnostic, P.C., Banay Physical 

Therapy P.C., Brown Stone Acupuncture P.C., City Ortho Trading Inc., Corona Family 

Chiropractic Care, P.C., CR Medical Care P.L.L.C., Medex Diagnostic and Treatment Center, 

LLC, Metrocare Medical P .C., Modem RX Pharmacy Inc, Prompt Medical Spine Care, PLLC, 

Quality Orthopedics and Complete Joint Care P.C., Right Choice Supply Inc, and Sunset Medical 

Supply Inc. have no rights to collect No-Fault benefits relating to the January 30, 2023 collision 

referenced in the Complaint; and it is further 

ORDERED, ADJUDGED and DECLARED that all lawsuits or arbitrations brought by 

Defaulting Defendants Active Life Chiropractic P.C., Aptechka RX Inc., Atlantic Medical & 

Diagnostic, P.C., Banay Physical Therapy P.C., Brown Stone Acupuncture P.C., City Ortho 

Trading Inc., Corona Family Chiropractic Care, P.C., CR Medical Care P.L.L.C., Medex 

Diagnostic and Treatment Center, LLC, Metrocare Medical P.C., Modem RX Pharmacy Inc, 

Prompt Medical Spine Care, PLLC, Quality Orthopedics and Complete Joint Care P.C., Right 

Choice Supply Inc, and Sunset Medical Supply Inc. relating to No-Fault claims for services 

allegedly rendered to Defendant Jacques Jeannot relating to the January 30, 2023 collision 

referenced in the Complaint are permanently stayed; and it is further 

ORDERED that the active parties in this case are directed to submit a proposed Preliminary 

Conference Order to the Court on or before October 7, 2024 via e-mail to SFC-Part33-

Clerk@nycourts.gov. If the parties are unable to agree to a proposed Preliminary Conference 

Order, the parties are directed to appear for an in-person preliminary conference with the Court on 

October 9, 2024 at 9:30 a.m. in 60 Centre Street, Room 442, New York, New York; and it is further 

150196/2024 ERIE INSURANCE COMPANY OF NEW YORK vs. JEANNOT, JACQUES ET AL 

Motion No. 001 

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NYSCEF DOC. NO. 32 

INDEX NO. 150196/2024 

RECEIVED NYSCEF: 08/28/2024 

ORDERED that within ten days of entry, counsel for Plaintiff Erie Insurance Company of 

New York shall serve a copy of this Decision and Order, with notice of entry, on all parties to this 

action; and it is further 

ORDERED that the Clerk of the Court is directed to enter judgment accordingly. 

This constitutes the Decision and Order of the Court. 

8/28/2024 

DATE HO~- MARY V. ROSADO, J.S.C. 

CHECK ONE: 

APPLICATION: 

CHECK IF APPROPRIATE: 

CASE DISPOSED 

x GRANTED □ DENIED 

SETTLE ORDER 

INCLUDES TRANSFER/REASSIGN 

x NON-FINAL DISPOSITION 

GRANTED IN PART 

SUBMIT ORDER 

FIDUCIARY APPOINTMENT 

150196/2024 ERIE INSURANCE COMPANY OF NEW YORK vs. JEANNOT, JACQUES ET AL 

Motion No. 001 

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□ OTHER 

□ REFERENCE 

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