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LIBERTY MUTUAL INSURANCE COMPANY et al v. THERESA BLAKE et al

Docket 652864/2024, New York State, New York County, Supreme Court (June 5, 2024)
Case TypeCommercial - Insurance
TagsCommercial, Civil, Insurance
Plaintiff LIBERTY MUTUAL INSURANCE COMPANY
Plaintiff LM GENERAL INSURANCE COMPANY
Defendant Theresa Blake
...
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RJI -RE: NOTICE OF MOTION

Document LIBERTY MUTUAL INSURANCE COMPANY et al v. THERESA BLAKE et al, 652864/2024, 29 (N.Y. Sup. Ct., New York County Oct. 15, 2024)
If none, leave blank.
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AFFIRMATION Affirmation of Service with Rider

Document LIBERTY MUTUAL INSURANCE COMPANY et al v. THERESA BLAKE et al, 652864/2024, 31 (N.Y. Sup. Ct., New York County Oct. 16, 2024)
LIBERTY MUTUAL INSURANCE COMPANY and
I, Articia Hendricks, affirm this 16th day of October 2024, under the penalties of perjury under the laws of New York, which may include a fine or imprisonment, that the foregoing is true, and I understand that this document may be filed in an action or proceeding in a court of law: I am over the age of 18 years old, I am not a party to the action, and I am an Office Assistant at CORREIA, CONWAY & STIEFELD, attorneys for the Plaintiffs herein.
That on October 16, 2024 I served the annexed NOTICE OF MOTION AND AFFIRMATION IN SUPPORT upon undersigned attorneys by mailing a true copy in a postpaid wrapper in a Post Office box maintained by the United States at 10 Bank Street, White Plains, New York, directed to them at the addresses shown, heretofore designated by them for that purpose.
Attorneys for Defendants DIAGNOSTIC ASSESSMENT CHIROPRACTIC, PC and
And MEDTECH SUPPLIES, INC. 11 Grace Avenue, Suite 111 Great Neck, NY 11021
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STIPULATION - PARTIAL DISCONTINUANCE (POST RJI) Stipulation of Partial Discontinuance

Document LIBERTY MUTUAL INSURANCE COMPANY et al v. THERESA BLAKE et al, 652864/2024, 32 (N.Y. Sup. Ct., New York County Oct. 16, 2024)
Index No. 652864/2024 IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys for Plaintiffs, LIBERTY MUTUAL INSURANCE COMPANY and LM GENERAL INSURANCE COMPANY (collectively, “Plaintiffs”), and attorneys representing Medical Provider Defendant, SPECTRUM DIAGNOSTIC IMAGING PC, that: The within action is hereby discontinued as against SPECTRUM DIAGNOSTIC IMAGING PC only, with prejudice and without further costs to either party.
Medical Provider Defendant, SPECTRUM DIAGNOSTIC IMAGING PC, stipulates and agrees that it withdraws any and all bills that were submitted to Plaintiffs referenced in the Complaint for this action and were submitted with regard to any claims of any Defendant named herein.
Plaintiffs release SPECTRUM DIAGNOSTIC IMAGING PC from any further liability with regard to the allegations in the Complaint based on the withdrawal of the above-mentioned bills and any future billing by SPECTRUM DIAGNOSTIC IMAGING PC in regard to this claim.
IT IS FURTHER STIPULATED AND AGREED that facsimile copies of signatures shall be treated as originals for the purposes of filing this document with the Clerk of the Court; and IT IS FURTHER STIPULATED AND AGREED that this stipulation may be filed without further notice with the Clerk of the Court.
Dated: White Plains, New York September 4, 2024
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ADDENDUM - GENERAL (840A)

Document LIBERTY MUTUAL INSURANCE COMPANY et al v. THERESA BLAKE et al, 652864/2024, 30 (N.Y. Sup. Ct., New York County Oct. 15, 2024)
Index No: Supreme COURT, COUNTY OF New York For use when additional space is needed to provide party or related case information.
For parties without an attorney, check "Un-Rep" box AND enter party address, phone number and e-mail address in "Attorneys" space.
Parties Attorneys and Unrepresented Litigants Issue Joined Un- Rep List parties in same order as listed in the For represented parties, provide attorney's name, firm name, address, phone For each defendant, caption and indicate roles (e.g., plaintiff, and email.
Name: GROYS MED SUPPLY CORP. 505 Northern Blvd, #210, Great Neck, NY 11021 Insurance Carriers For each defendant, indicate insurance carrier, if applicable.
For Matrimonial actions, include any related criminal and/or Famiy Court cases.
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EXHIBIT(S) - Q Team Manager Affirmation

Document LIBERTY MUTUAL INSURANCE COMPANY et al v. THERESA BLAKE et al, 652864/2024, 28 (N.Y. Sup. Ct., New York County Oct. 15, 2024)
None of the Insuring Agreements, Exclusions or Conditions of the Policy shall apply to this SUM coverage except: "Duties After an Accident or Loss", "Fraud" and "Termination", if applicable.
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EXHIBIT(S) - N Post Examination Under Oath Requst

Document LIBERTY MUTUAL INSURANCE COMPANY et al v. THERESA BLAKE et al, 652864/2024, 25 (N.Y. Sup. Ct., New York County Oct. 15, 2024)
Ofshtein Law Firm, P.C. 398 Kings Hwy Brooklyn, NY 11223-1616 Re: Matter of Blake, Niesha; Claim# LA275-055187418-0002 Dear Counselor(s): This letter is a follow up on the formal request for documents made on the record at the Examination under Oath of your client held on December 7, 2023.
Signed EDR Authorization form (attached); Phone records from 9/18/23 to 9/23/23, including , but not limited to, phone calls and/or text messages between you and Theresa Blake about meeting up to exchange paperwork and communication about the accident; Officer Khalida’s phone number; Copy of video recorded at the scene; Copy of police accident report; Photos of damage to your vehicle; Photos of the second-row seat of your vehicle where Theresa Blake was seated/laying down at time of the accident; and Proof of your appointments at Park Side Dialysis for the week of September 18, 2023 (Proof in the form of phone call, email, or text message).
Ofshtein Law Firm, P.C. 398 Kings Hwy Brooklyn, NY 11223-1616 Re: Matter of Blake, Niesha; Claim# LA275-055187418-0002 Dear Counselor(s): This letter is a follow up on the formal request for documents made on the record at the Examination under Oath of your client held on December 7, 2023.
Signed EDR Authorization form (attached); Phone records from 9/18/23 to 9/23/23, including , but not limited to, phone calls and/or text messages between you and Theresa Blake about meeting up to exchange paperwork and communication about the accident; Officer Khalida’s phone number; Copy of video recorded at the scene; Copy of police accident report; Photos of damage to your vehicle; Photos of the second-row seat of your vehicle where Theresa Blake was seated/laying down at time of the accident; and
The insurer shall advise the applicant in the verification request that the insurer may deny the claim if the applicant does not provide within 120 calendar days from the date of the initial request either all such verification under the applicant's control or possession or written proof providing reasonable justification for the failure to comply.
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EXHIBIT(S) - O Affirmation of Non-Compliance

Document LIBERTY MUTUAL INSURANCE COMPANY et al v. THERESA BLAKE et al, 652864/2024, 26 (N.Y. Sup. Ct., New York County Oct. 15, 2024)
Keith Allen, affirms this 8th day of October, 2024, under the penalties of perjury under the laws of New York, which may include a fine or imprisonment, that the foregoing is true, and I understand that this document may be filed in an action or proceeding in a court of law: I am over the age of 18 years old, I am not a party to the action, and I am a legal secretary at CORREIA, CONWAY & STIEFELD, attorneys for the Plaintiffs herein.
That on December 14, 2023 and again on January 16, 2024, the post-EUO document demands directed to Individual Defendant Niesha Blake, and annexed to Plaintiffs' Motion as Exhibit "N," were created and reviewed by attorney Stafford Harmitt.
A copy of the letter was also sent to Niesha Blake, 1260 Croton Loop, 9G, Brooklyn, New York 11239.
Our office mailing procedure is that I placed a copy of each letter in a properly addressed, postpaid wrapper, and they were dropped off at the US Post Office at 100 Fisher Ave. White Plains, New York 10606 at the end of business on the day reflected on the letter.
However, in this matter, nothing was received by our office either by E-mail or by U.S. Mail within the 120 calendar days of the initial request as required by NYCRR 11 § 65-3.5 (o).
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