Ortho Passive Motion Inc. Assignee of ADAN RIVERA-MARTINEZ, Plaintiff(s)
Allstate Insurance Company, Defendant(s).
Israel, Israel & Purdy, LLP, attorneys for Plaintiff.
Offices of Peter C. Merani, attorneys for Defendant.
following named papers numbered 1 to 3
on this Motion on January 9, 2017
of Motion and Supporting Documents
to Show Cause and Supporting Documents 1
to Motion 2
Papers to Motion 3
plaintiff commenced this action to recover no-fault benefits
for medical services provided to its assignor, Adam
Rivera-Martinez, arising out of a motor vehicle accident on
August 22, 2011.
plaintiff served the summons and complaint in April of 2012
and an answer was filed in May of 2012. After a Notice of
Trial was filed on May 23, 2012, the matter was sent to
arbitration before Frank Lattanzio, Esq. Both sides were
represented by counsel at the March 12, 2014 hearing, after
which the arbitrator found in favor of the plaintiff in the
amount of $3, 723.72. The defendant, by its then counsel (The
Law Offices of Robert P. Tusa), demanded a Trial de Novo. On
March 11, 2015, this matter came on for trial. The court
found in favor of the plaintiff in the amount of $3, 723.72
plus statutory interest, costs and attorney's fees. On
July 29, 2015, judgment was entered in the sum of $7, 784.06,
which included statutory interest and attorney fees, along
with costs and disbursements.
the judgment was entered, the law firm of Peter C. Merani,
P.C. served an amended answer dated October 28, 2015.
Initially, the amended answer was rejected by plaintiff's
counsel, as Peter C. Merani, P.C. was not the attorney of
record for the defendant. In November of 2015, Peter C.
Merani, P.C. was substituted as counsel for the defendant,
but plaintiff's counsel again rejected the
defendant's answer, as the time within which to file and
serve an amended answer had expired (see CPLR 3025).
is the defendant's motion for a protective order pursuant
to CPLR 5240, staying the sale of defendant's property
pending the resolution of the instant application; an order
pursuant to CPLR 5019 and 5240, modifying the judgment to
reflect that the policy of insurance has been exhausted and
that nothing more is owed to the claimant; an order
compelling the plaintiff to execute and file a full
satisfaction of judgment pursuant to CPLR 5020; and an order
pursuant to CPLR 5021, ...