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Hereford Ins. Co. v. Physio Care Physical Therapy, PC

Court Grants Default Judgment After Plaintiff Proves Good Process Service

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NYSCEF doc nos. 58-67 were read on this motion for an order directing the entry of a default judgment. Motion by plaintiff pursuant to CPLR 3215 for an order directing the entry of a default judgment on the amended complaint in favor of plaintiff and against defendant Shekima Roberts (hereinafter defendant¹.) granted, there being no opposition submitted. BACKGROUND Plaintiff commenced this action on April 29, 2021, by filing a summons and complaint (see NYSCEF doc no. 1). Plaintiff subsequently filed an amended summons and amended complaint on April 30, 2021 (see NYSCEF doc nos. 2-3). The amended complaint alleges, in sum and substance, that defendant was allegedly injured while a passenger in a vehicle insured by plaintiff (see id.

12-14). The complaint further alleges that the subject insurance policy covers any occupants of the insured vehicle for any medical necessity and causally related medical expenses arising out of the use or operation of the insured vehicle as a result of an accidental collision (see id. 16). The complaint further alleges that tens of thousands of dollars in no-fault claims for treatment allegedly provided to defendant have been submitted to plaintiff (see id. 17). The complaint further alleges that defendant’s testimony at an examination under oath raised issues about the legitimacy and necessity of such medical treatments (see id. 28). The complaint further alleges that defendant failed to subscribe and return her examination under oath transcript and appear for independent medical examinations, as duly requested by plaintiff (see id.

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