The following e-filed documents, listed by NYSCEF document number (Motion 002) 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47 were read on this motion to/for JUDGMENT — DEFAULT. DECISION + ORDER ON MOTION Plaintiff State Farm Mutual Automobile Insurance Company moves, pursuant to CPLR 3215, for a default judgment against defendants Bronx Rehabilitation Medicine and Physical Therapy, LLC, BSS Metropolitan Medical Diagnostic, P.C., Diversified Orthotics, Inc., MZY Acupuncture, P.C., New York Spine & Sport Rehabilitation Medicine, P.C., Throgs Neck Medical Services, P.C., Throgs Neck Multicare, P.C., Louis Rose, M.D. (Rose), and Habib M. Monas (Monas) and Ridha Fellah (Fellah) (collectively, the defaulting defendants). I. Background This action arises out of a motor vehicle accident that occurred on January 14, 2020, at the intersection of Prospect Avenue and East 187th Street, Bronx County, when the vehicle owned by nonparty Juan Pablo Tenesaca Huerta and operated by nonparty Victor Tenesaca Huerta (Huerta), allegedly came into contact with Fellah, who was operating an electric wheelchair. At the time of the alleged accident, Huerta’s vehicle was insured by plaintiff. The insurance policy provided coverage for any person who sustained personal injuries arising out of the use or operation of the Huerta vehicle in New York, and included uninsured, supplementary uninsured, underinsured and liability coverage (NY St Cts Elec Filing [NYSCEF] Doc No. 40, Harlan R. Schreiber [Schreiber] affirmation, exhibit H, Timothy Dacey aff, 14). Following the accident, Fellah sought medical treatment from defendants. Upon receiving Fellah’s claim for no-fault benefits related to the subject accident, plaintiff assigned claim no. 20-C790-7B3 to those claims (id., 13). Plaintiff also undertook an investigation into the accident. Fellah appeared for an examination under oath (EUO) (NYSCEF Doc No. 41, Schreiber affirmation, exhibit C, 26). Plaintiff alleges that Fellah “presented questionable testimony that did not substantiate his version of the incident,” and failed to return an executed copy of his EUO transcript (id.,
25-26). As to the happening of the accident, Huerta avers that he was making a right turn onto 187th Street when Fellah, who was operating a motorized wheelchair, entered the crosswalk five feet in front of him (NYSCEF Doc No. 40, Schreiber affirmation, exhibit B, Huerta aff, 6). Huerta avers that he stopped his vehicle without coming into contact with Fellah, and that Fellah then “fell out” of the wheelchair (id.,
