This document is a summons and complaint filed by American Transit Insurance Company against Malik Cole and various medical providers. American Transit provided no-fault insurance to Baichans Inc. and Malik Cole submitted a claim for injuries from an April 22, 2015 accident involving Baichans' insured vehicle. American Transit requested Cole attend an examination under oath regarding the claim but he failed to appear. American Transit is now suing Cole and the medical providers who treated him to recover payments made on the claim.

1. FILED: NEW YORK COUNTY CLERK 03/29/2016 09:55 AM INDEX NO. 152637/2016
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/29/2016
1 of 17
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
------------------------------~XXX
AMERICAN TRANSIT INSURANCE
COMPANY
Plaintiff,
-against-
MALIK COLE, AEGIS SCIENCES
CORPORATION, BIO-REFERENCE
LABORATORIES, INC., COLIN JAMRON,
PH.D, DOHOR CHIROPRACTIC SERVICES,
P.C., FOREST HILLS MEDICAL P.C.,
GENESIS ORTHO SUPPLY CORP.,
GOLDEN RAY ACUPUNCTURE, P.C.,
LAXMIDHAR DIWAN, M.D., LEFFERTS
MEDICINE, P.C., LIDA'S MEDICAL
SUPPLY INC., OMEGA DIAGNOSTIC
IMAGING, P.C., PHOENIX MEDICAL
SERVICES, P.C., QUEENS MEDICAL &
DIAGNOSTIC SERVICES, P.C., QUEENS
SURGI-CENTER, REGAIN ACUPUNCTURE,
P.C., SUNRISE MEDICAL LABORATORIES,
INC., XVV, INC., YANG ZHI GANG, M.D.
Defendants
--------~----------------------X.XX
To the above named Defendant(s)
Date Summons and
Complaint filed:
Index#:
SUMMONS
Plaintiff designates NEW YORK
County as the place of trial.
The basis of venue is
residence ofparties
YOU ARE HEREBY SUMMONED to answer the complaint in the action and to serve a
copy of your answer, or, if the complaint is not served with this summons to serve a notice of
appearance, on the plaintiffs Attorney(s) within 20 days after the service ofthis summons,
exclusive of the date of service, or within 30 thirty days after service is complete if the summons
is not personally delivered to you in the State ofNew York. In case ofyour failure to appear or
answer, judgment will be taken against you by default for the relief demanded in the Complaint.
The Plaintiff hereby designates the County ofNEW YORK as the proper venue ofthe trial of
this action since the parties have offices and conduct business in this County.
Dated: Yours, etc.Brooklyn, New York
March 10,2016
JSJRoLq. ~-·
Law Offices of Daniel J. Tucker
One MetroTech Center, 7th Floor

2. 2 of 17
TO: MALIK COLE
205 ALBANY AVENUE
APT.l3J
BROOKLYN, NY 11213-2124
Brooklyn, New York 11201
(212) 857-8200
Our File Number: 109530
Our Claim Number: 781708-02
AEGIS SCIENCES CORPORATION
C/0 C T CORPORATION SYSTEM
111 EIGHTH AVENUE
NEW YORK, NY 10011
BIG-REFERENCE LABORATORIES, INC.
111 EIGHTH AVENUE
NEW YORK, NY 10011
COLIN JAMRON, PH.D
522 LEFFERTS AVENUE
BROOKLYN, NY 11225
DOHOR CHIROPRACTIC SERVICES, P.C.
522 LEFFERTS AVENUE
BROOKLYN, NY 11225
FOREST HILLS MEDICAL P.C.
83-40 WOODHAVEN BLVD
GLENDALE, NY 11385
GENESIS ORTHO SUPPLY CORP.
8000 COOPER AVENUE
SUITE4
GLENDALE, NY 11385
GOLDEN RAY ACUPUNCTURE, P.C.
522 LEFFERTS AVENUE
OFFICE C
BROOKLYN, NY 11225
LAXMIDHAR DIWAN, M.D.
62-54 97TH PLACE
SUITE2H
REGO PARK, NY 11374

3. 3 of 17
LEFFERTS MEDICINE, P.C.
522 LEFFERTS AVENUE
OFFICE C
BROOKLYN, NY 11225-4597
LIDA'S MEDICAL SUPPLY INC.
1014 AVE. N
#D3
BROOKLYN, NY 11230
OMEGA DIAGNOSTIC IMAGING, P.C.
1525 VOORHIES AVE
BROOKLYN, NY 11235
PHOENIX MEDICAL SERVICES, P.C.
C/0 WILLIAM B JONES MD
19 GREENWAY
ROCKVILLE CENTRE, NY 11570
QUEENS MEDICAL & DIAGNOSTIC SERVICES, P.C.
83-40 WOODHAVEN BLVD
GLENDALE, NY 11385
QUEENS SURGI-CENTER
83-40 WOODHAVEN BLVD
GLENDALE, NY 11385
REGAIN ACUPUNCTURE, P.C.
45-11 158 STREET
FLUSHING, NY 11358
SUNRISE MEDICAL LABORATORIES, INC.
C/0 CORPORATION SERVICE COMPANY
80 STATE STREET
ALBANY, NY 12207
XVV, INC.
1900 QUENTIN ROAD
APT. F4
BROOKYN, NY 11229
YANG ZHI GANG, M.D.
522 LEFFERTS AVENUE
BROOKLYN, NY 11225-4597

4. 4 of 17
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--------------------------------~XXX
AMERICAN TRANSIT INSURANCE COMPANY
Plaintiff,
-against-
MALIK COLE, AEGIS SCIENCES
CORPORATION, BIO-REFERENCE
LABORATORIES, INC., COLIN JAMRON, PH.D,
DOHOR CHIROPRACTIC SERVICES, P.C.,
FOREST HILLS MEDICAL P.C., GENESIS
ORTHO SUPPLY CORP., GOLDEN RAY
ACUPUNCTURE, P.C., LAXMIDHAR DIWAN,
M.D., LEFFERTS MEDICINE, P.C., LIDA'S
MEDICAL SUPPLY INC., OMEGA DIAGNOSTIC
IMAGING, P.C., PHOENIX MEDICAL
SERVICES, P.C., QUEENS MEDICAL &
DIAGNOSTIC SERVICES, P.C., QUEENS SURGI-
CENTER, REGAIN ACUPUNCTURE, P.C.,
SUNRISE MEDICAL LABORATORIES, INC.,
XVV, INC., YANG ZHI GANG, M.D.,
Defendants.
XXX
---------------------------------
Index#:
VERIFIED COMPLAINT
The Plaintiff, AMERICAN TRANSIT INSURANCE COMPANY, by its attorneys, The
Law Offices of Daniel I. Tucker, as and for its Verified Complaint herein, alleges as follows:
1. At all times hereinafter mentioned, the Plaintiff, AMERICAN TRANSIT INSURANCE
COMPANY (AMERICAN TRANSIT), is an insurance company, duly licensed to transact
business in the State ofNew York.
2. At all times hereinafter mentioned, the Plaintiff, AMERICAN TRANSIT, is
headquartered in and has offices located at One MetroTech Center, Brooklyn, New York 11201.
3. At all times hereinafter mentioned the defendant MALIK COLE is a New York State
resident and resides at 205 ALBANY AVENUE, APT. 13J, BROOKLYN, NY 11213-2124.

5. 5 of 17
4. At all times hereinafter mentioned the defendant AEGIS SCIENCES CORPORATION
was and still is a foreign company authorized to conduct business in the State ofNew York, and
resides at C/0 C T CORPORATION SYSTEM, 111 EIGHTH AVENUE, NEW YORK, NY,
10011.
5. At all times hereinafter mentioned the defendant BIO-REFERENCE LABORATORIES,
INC. was and still is a foreign company authorized to conduct business in the State ofNew Yark,
and resides at 111 EIGHTH AVENUE , NEW YORK, NY, 10011.
6. At all times hereinafter mentioned the defendant COLIN JAMRON, PH.D was and still is
an individual that resides in the State ofNew York, and resides at 522 LEFFERTS AVENUE,
BROOKLYN, NY, 11225.
7. At all times hereinafter mentioned the defendant DOHOR CHIROPRACTIC SERVICES,
P.C. was and still is a domestic company authorized to conduct business in the State ofNew
York, and resides at 522 LEFFERTS AVENUE, BROOKLYN, NY, 11225.
8. At all times hereinafter mentioned the defendant FOREST HILLS MEDICAL P.C. was
and still is a domestic company authorized to conduct business in the State ofNew Yark, and
resides at 83-40 WOODHAVEN BLVD, GLENDALE, NY, 11385.
9. At all times hereinafter mentioned the defendant GENESIS ORTHO SUPPLY CORP.
was and still is a domestic company authorized to conduct business in the State ofNew Yark,
and resides at 8000 COOPER AVENUE, SUITE 4, GLENDALE, NY, 11385.
10. At all times hereinafter mentioned the defendant GOLDEN RAY ACUPUNCTURE, P.C.
was and still is a domestic company authorized to conduct business in the State ofNew Yark,
and resides at 522 LEFFERTS AVENUE, OFFICE C, BROOKLYN, NY, 11225.

6. 6 of 17
11. At all times hereinafter mentioned the defendant LAXMIDHAR DIWAN, M.D. was and
still is an individual that resides in the State ofNew York, and resides at 62-54 97TH PLACE,
SUITE 2H, REGO PARK, NY, 11374.
12. At all times hereinafter mentioned the defendant LEFFERTS MEDICINE, P.C. was and
still is a domestic company authorized to conduct business in the State ofNew York, and resides
at 522 LEFFERTS AVENUE, OFFICE C, BROOKLYN, NY, 11225-4597.
13. At all times hereinafter mentioned the defendant LIDA'S MEDICAL SUPPLY INC. was
and still is a domestic company authorized to conduct business in the State ofNew York, and
resides at 1014 AVE. N, #D 3, BROOKLYN, NY, 11230.
14. At all times hereinafter mentioned the defendant OMEGA DIAGNOSTIC IMAGING,
P.C. was and still is a domestic company authorized to conduct business in the State ofNew
York, and resides at 1525 VOORHIES AVE, BROOKLYN, NY, 11235.
15. At all times hereinafter mentioned the defendant PHOENIX MEDICAL SERVICES,
P.C. was and still is a domestic company authorized to conduct business in the State ofNew
York, and resides at C/0 WILLIAM B JONES MD, 19 GREENWAY, ROCKVILLE CENTRE,
NY, 11570.
16. At all times hereinafter mentioned the defendant QUEENS MEDICAL & DIAGNOSTIC
SERVICES, P.C. was and still is a domestic company authorized to conduct business in the State
ofNew York, and resides at 83-40 WOODHAVEN BLVD, GLENDALE, NY, 11385.
17. At all times hereinafter mentioned the defendant QUEENS SURGI-CENTER was and
still is an unauthorized company transacting business in the State ofNew York, and resides at
83-40 WOODHAVEN BLVD, GLENDALE, NY, 11385.

7. 7 of 17
18. At all times hereinafter mentioned the defendant REGAIN ACUPUNCTURE, P.C. was
and still is a domestic company authorized to conduct business in the State ofNew York, and
resides at 45-11 158 STREET, FLUSHING, NY, 11358.
19. At all times hereinafter mentioned the defendant SUNRISE MEDICAL
LABORATORIES, INC. was and still is a domestic company authorized to conduct business in
the State ofNew York, and resides at C/0 CORPORATION SERVICE COMPANY, 80 STATE
STREET, ALBANY, NY, 12207.
20. At all times hereinafter mentioned the defendant XVV, INC. was and still is a domestic
company authorized to conduct business in the State ofNew York, and resides at 1900
QUENTIN ROAD, APT. F4, BROOKYN, NY, 11229.
21. At all times hereinafter mentioned the defendant YANG ZHI GANG, M.D. was and still
is an individual that resides in the State ofNew York, and resides at 522 LEFFERTS AVENUE,
BROOKLYN, NY, 11225-4597.
22. At all times hereinafter mentioned the plaintiff, AMERICAN TRANSIT, was licensed to
provide automobile liability insurance, including the mandatory no-fault endorsement, to
residents ofthe State ofNew York.
23. Plaintiffprovided a policy of insurance to its insured BAICHANS INC., under a New
York policy of insurance numbered CAP 609241.
24. The policy of insurance that the plaintiff provided to BAICHANS INC. included a no-
fault endorsement which provided coverage to an insured or an eligible injured person in the
amount of at least $50,000 for all necessary expenses resulting from a motor vehicle accident,
and was in effect on April 22, 2015 as noted below.

8. 8 of 17
25. The policy of insurance contained the mandatory no-fault endorsement prescribed by the
New York State Insurance Department, which started in part:
MANDATORY PERSONAL INJURY PROTECTION
ENDORSEMENT NEW YORK
SECTION 1- MANDATORY PERSONAL INJURY PROTECTION
The Company will pay first party benefits to reimburse for basic economic loss
sustained by an eligible injured person on account ofpersonal injuries caused by
the an accident arising out of the use or operation of a motor vehicle or a
motorcycle during the policy and within the United States of America, its
territories of possessions, or Canada.
26. The applicable no-fault statute permits insurers to request an independent medical
examination. Specifically, New York Codes ofRules and Regulations 65-1.1 provides in
pertinent part:
CONDITIONS
Action Against Company. No action shall lie against the Company unless, as a
condition precedent thereto, there shall have been full compliance with the terms
ofthis coverage.
Upon request by the Company, the eligible injured person or that person's
assignee or representative shall:
(a) Execute a written proof of oath;
(b) As may reasonably be required to submit to examinations under oath by any
person named by the Company and subscribe the same.
(c) Provide authorization that will enable the Company to obtain medical
records; and
(c) Provide authorization that will enable the Company to obtain medical
records; and
(d) Provide any other pertinent information that may assist the Company in
determining the amount due and payable.
The eligible injured person shall submit to medical examination by physicians
selected by, or acceptable to, the Company when, and as often as, the Company
may reasonably require.

9. 9 of 17
27. On April22, 2015, the insured BAICHANS INC. was involved in a motor vehicle
accident. The claimant, MALIK COLE was a pedestrian, who was struck by the insured vehicle,
and made a claim to the Plaintiff, AMERICAN TRANSIT, as a purported eligible injured person
ofthe above-referenced insurance policy, under claim# 781708-02.
28. AMERICAN TRANSIT received notice ofthe subject accident from MALIK COLE.
29. MALIK COLE completed an application of benefits wherein he listed his address as 205
ALBANY AVENUE, APT. 13J, BROOKLYN, NY 11213-2124.
30. As a result of the aforesaid motor vehicle accident, MALIK COLE sought no- fault
benefits from the defendants.
31. MALIK COLE assigned his rights to collect no-fault benefits to various health care
providers including the defendants.
32. In addition, MALIK COLE has an independent right to collect no-fault benefits in his
own right.
33. The defendants have submitted claims to the plaintiff with an assignment of benefits from
MALIK COLE and alleging that they had rendered services that are compensable under the
terms of the policy.
34. The defendants have commenced or have the right to commence actions or arbitrations
against the Plaintiff, in accordance with Article 51 ofthe Insurance Law for purportedly overdue
no-fault benefits.
35. Pursuant to the no-fault endorsement, American Transit Insurance Company and/or its
agent(s) requested that MALIK COLE appear for an Examination Under Oath.
36. On July 22, 2015, American Transit Insurance Company sent to the Claimant Defendant
and his attorney, LAW OFFICES OF BRYAN BARENBAUM, at the address provided on the

10. 10 of 17
application for benefits and the attorney letter of representation, a notice requesting that he attend
an Examination Under Oath ("EUO") on August 31, 2015 at 1:00 PM at American Transit
Insurance Company at 1 MetroTech Center, 7th Floor, Brooklyn, New York, 11201.
37. This appointment was rescheduled.
38. On September 3, 2015, American Transit Insurance Company sent to the Claimant
Defendant and his attorney, LAW OFFICES OF BRYAN BARENBAUM, at the address
provided on the application for benefits and the attorney letter of representation, a notice
requesting that he attend an Examination Under Oath ("EUO") on September 30, 2015 at 9:00
AM at American Transit Insurance Company at 1 MetroTech Center, 7th Floor, Brooklyn, New
York, 11201.
39. MALIK COLE failed to attend this EUO on September 30, 2015.
40. On October 5, 2015, American Transit Insurance Company sent to the Claimant
Defendant and his attorney, LAW OFFICES OF BRYAN BARENBAUM, at the address
provided on the application for benefits and the attorney letter of representation, a notice
requesting that he attend an Examination Under Oath ("EUO") on November 4, 2015 at 11:00
AM at American Transit Insurance Company at 1 MetroTech Center, 7th Floor, Brooklyn, New
York, 11201.
41. MALIK COLE failed to attend this EUO on November 4, 2015.
42. Despite multiple requests by American Transit Insurance Company and numerous
attempts at scheduling an Examination Under Oath, MALIK COLE, refused to appear and
testify.

11. 11 of 17
43. Despite all of American Transit Insurance Company's efforts, MALIK COLE has refused
to cooperate in providing necessary and pertinent information to American Transit Insurance
Company.
44. The American Transit Insurance Company policy, in addition to the Regulations 11
NYCRR 65-1.1, provide that no action shall lie against American Transit Insurance company to
recover under the mandatory personal protection coverage, unless as a condition precedent
thereto, there shall have been full compliance with the terms of coverage, including that the
eligible injured person shall submit to an independent medical examination (or examination
under oath).
45. The Insurance Department ofthe State ofNew York, issued an opinion on February 11,
2003. According to the Insurance Department, "when an eligible injured person fails to comply
with a No-Fault insurer's reasonable request for a medical examination (or examination under
oath), that person has failed to meet a condition precedent for No-Fault coverage...therefore, any
pending claim submitted for services rendered may be denied by the insurer due to the policy
breach and resulting lack of coverage." See Ins. Dept., opinion #03-02-12, 2/11/2003, at
http://ins.state.ny.us/rg030212.htm.
46. Plaintiff, American Transit Insurance Company, denied all coverage to the defendants
due to the assignor's failure to attend duly scheduled EUOs. The denials on the prescribed NF-
10 forms were mailed to the defendants in accordance with American Transit Insurance
Company's mailing procedures. The denials indicated that the claims were denied as the eligible
injured person failed to appear for EUO, thereby, failing to abide the policy condition requiring
his to submit to an examination under oath.

12. 12 of 17
AS AND FOR A CAUSE OF ACTION AGAINST ALL DEFENDANTS
FORDECLARATORYJUDGMENT
47. Plaintiffreiterates, incorporates, and realleges the allegations set forth in paragraphs
numbered 1-46 as iffully set forth herein.
48. PlaintiffAMERICAN TRANSIT filed this action seeking a determination that there is no
coverage as to those that seek no fault reimbursement from plaintiff, as assignees of MALIK
COLE.
49. Plaintiffproperly scheduled EUOs and gave the assignor several opportunities to attend
the EUOs. The assignor failed to appear for the properly scheduled EUOs.
50. The Plaintiffs policy and the New York Rules and Regulations, require full compliance
with terms of coverage, including that the eligible injured person shall submit to an examination
under oath.
51. Plaintiff is entitled to a declaration that the eligible injured person violated a condition
precedent to coverage by failing to appear for the scheduled EUOs. As a result, the plaintiffwas
allowed to deny coverage for the accident retroactive to the date of loss.
52. Plaintiff is entitled to a declaration that it properly denied all no-fault coverage due to the
violation of the terms and conditions of the policy of insurance.
53. Plaintiff is entitled to a declaration that there is no coverage for any and all first party
benefits arising out of the April22, 2015 accident.
54. Plaintiff is entitled to a declaration that the defendants MALIK COLE, AEGIS
SCIENCES CORPORATION, BIO-REFERENCE LABORATORIES, INC., COLIN JAMRON,
PH.D, DOHOR CHIROPRACTIC SERVICES, P.C., FOREST HILLS MEDICAL P.C.,
GENESIS ORTHO SUPPLY CORP., GOLDEN RAY ACUPUNCTURE, P.C., LAXMIDHAR
DIWAN, M.D., LEFFERTS MEDICINE, P.C., LIDA'S MEDICAL SUPPLY INC., OMEGA

13. 13 of 17
DIAGNOSTIC IMAGING, P.C., PHOENIX MEDICAL SERVICES, P.C., QUEENS
MEDICAL & DIAGNOSTIC SERVICES, P.C., QUEENS SURGI-CENTER, REGAIN
ACUPUNCTURE, P.C., SUNRISE MEDICAL LABORATORIES, INC., XVV, INC., YANG
ZHI GANG, M.D., are not entitled to payment of the assigned no-fault benefits for treatment
rendered to MALIK COLE as a result ofthe April22, 2015 accident.
WHEREFORE, Plaintiff demands a Declaratory Judgment that the Defendant MALIK
COLE, has breached a policy condition ofthe American Transit policy and therefore, the
defendants MALIK COLE, AEGIS SCIENCES CORPORATION, BIG-REFERENCE
LABORATORIES, INC., COLIN JAMRON, PH.D, DOHOR CHIROPRACTIC SERVICES,
P.C., FOREST HILLS MEDICAL P.C., GENESIS ORTHO SUPPLY CORP., GOLDEN RAY
ACUPUNCTURE, P.C., LAXMIDHAR DIWAN, M.D., LEFFERTS MEDICINE, P.C., LIDA'S
MEDICAL SUPPLY INC., OMEGA DIAGNOSTIC IMAGING, P.C., PHOENIX MEDICAL
SERVICES, P.C., QUEENS MEDICAL & DIAGNOSTIC SERVICES, P.C., QUEENS SURGI-
CENTER, REGAIN ACUPUNCTURE, P.C., SUNRISE MEDICAL LABORATORIES, INC.,
XVV, INC., YANG ZHI GANG, M.D., are not entitled to no-fault coverage or first party
coverage, as a result of a motor vehicle accident that occurred on April 22, 2015, and that none
ofthe defendants are entitled to first party no-fault benefits, together with costs and
disbursements of this action.
Dated: Brooklyn, New York
March 10, 2016
Yours etc.
J~Law Offices of Daniel J. Tucker
One MetroTech Center, 7th Floor

14. 14 of 17
TO: MALIKCOLE
205 ALBANY AVENUE
APT. 13J
BROOKLYN, NY 11213-2124
Brooklyn, New York 11201
(212) 857-8200
Our File Number: 109530
Our Claim Number: 781708-02
AEGIS SCIENCES CORPORATION
C/0 C T CORPORATION SYSTEM
Ill EIGHTH AVENUE
NEW YORK, NY 10011
BIO-REFERENCE LABORATORIES, INC.
Ill EIGHTH AVENUE
NEW YORK, NY 10011
COLIN JAMRON, PH.D
522 LEFFERTS AVENUE
BROOKLYN, NY 11225
DOHOR CHIROPRACTIC SERVICES, P.C.
522 LEFFERTS AVENUE
BROOKLYN, NY 11225
FOREST HILLS MEDICAL P.C.
83-40 WOODHAVEN BLVD
GLENDALE, NY 11385
GENESIS ORTHO SUPPLY CORP.
8000 COOPER AVENUE
SUITE4
GLENDALE, NY 11385
GOLDEN RAY ACUPUNCTURE, P.C.
522 LEFFERTS AVENUE
OFFICE C
BROOKLYN, NY 11225
LAXMIDHAR DIWAN, M.D.
62-54 97TH PLACE
SUITE2H

15. 15 of 17
REGO PARK, NY 11374
LEFFERTS MEDICINE, P.C.
522 LEFFERTS AVENUE
OFFICE C
BROOKLYN, NY 11225-4597
LIDA'S MEDICAL SUPPLY INC.
1014 AVE. N
#D3
BROOKLYN, NY 11230
OMEGA DIAGNOSTIC IMAGING, P.C.
1525 VOORHIES AVE
BROOKLYN, NY 11235
PHOENIX MEDICAL SERVICES, P.C.
C/0 WILLIAM B JONES MD
19 GREENWAY
ROCKVILLE CENTRE, NY 11570
QUEENS MEDICAL & DIAGNOSTIC SERVICES, P.C.
83-40 WOODHAVEN BLVD
GLENDALE, NY 11385
QUEENS SURGI-CENTER
83-40 WOODHAVEN BLVD
GLENDALE, NY 11385
REGAIN ACUPUNCTURE, P.C.
45-11 158 STREET
FLUSHING, NY 11358
SUNRISE MEDICAL LABORATORIES, INC.
C/0 CORPORATION SERVICE COMPANY
80 STATE STREET
ALBANY, NY 12207
XVV, INC.
1900 QUENTIN ROAD
APT. F4
BROOKYN, NY 11229
YANG ZHI GANG, M.D.
522 LEFFERTS AVENUE
BROOKLYN, NY 11225-4597

16. 16 of 17
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
__________________________________XXX
AMERICAN TRANSIT INSURANCE COMPANY
Plaintiff,
-against-
MALIK COLE, AEGIS SCIENCES
CORPORATION, BIG-REFERENCE
LABORATORIES, INC., COLIN JAMRON, PH.D,
DOHOR CHIROPRACTIC SERVICES, P.C.,
FOREST HILLS MEDICAL P.C., GENESIS
ORTHO SUPPLY CORP., GOLDEN RAY
ACUPUNCTURE, P.C., LAXMIDHAR DIWAN,
M.D., LEFFERTS MEDICINE, P.C., LIDA'S
MEDICAL SUPPLY INC., OMEGA DIAGNOSTIC
IMAGING, P.C., PHOENIX MEDICAL
SERVICES, P.C., QUEENS MEDICAL &
DIAGNOSTIC SERVICES, P.C., QUEENS SURGI-
CENTER, REGAIN ACUPUNCTURE, P.C.,
SUNRISE MEDICAL LABORATORIES, INC.,
XVV, INC., YANG ZHI GANG, M.D.,
Defendants.
_________________________________.XXX
STATE OF NEW YORK )
)ss:
COUNTY OF KINGS )
Index#:
VERIFICATION
URIEL MCLEISH, being duly sworn deposes and states that he is employed by
American Transit Insurance Company; that he has read the foregoing Complaint and knows the
content thereof; that the same is true to the knowledge of the deponent, except as to those matters
therein states to be alleged upon information and belief, as tot,th.ose rnaj~ers he be;_eves to be true.
Facsimile copies shall be deemed as originals. ~ /{v'----/l-
MASIEL CFELIZ
Notary Public • State of New York
No. 01 FE6261456
Qualified in New York County
My Comm. Expires May 14, 2016
URIEL MCLEISH

17. 17 of 17
Index No.:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
AMERICAN TRANSIT INSURANCE COMPANY,
Plaintiff,
-against-
MALIK COLE, AEGIS SCIENCES CORPORATION, BIO-REFERENCE LABORATORIES, INC., COLIN
JAMRON, PH.D, DOHOR CHIROPRACTIC SERVICES, P.C., FOREST HILLS MEDICAL P.C., GENESIS
ORTHO SUPPLY CORP., GOLDEN RAY ACUPUNCTURE, P.C., LAXMIDHAR DIWAN, M.D., LEFFERTS
MEDICINE, P.C., LIDA'S MEDICAL SUPPLY INC., OMEGA DIAGNOSTIC IMAGING, P.C., PHOENIX
MEDICAL SERVICES, P.C., QUEENS MEDICAL & DIAGNOSTIC SERVICES, P.C., QUEENS SURGI-
CENTER, REGAIN ACUPUNCTURE, P.C., SUNRISE MEDICAL LABORATORIES, INC., XVV, INC., YANG
ZHI GANG, M.D.,
TO:
Defendant.
SUMMONS AND VERIFIED COMPLAINT
LAW OFFICES OF DANIEL J. TUCKER
ATTORNEY FOR PLAINTIFF
ONE METROTECH CENTER, 7TH FLOOR
BROOKLYN, NEW YORK 11201
(212) 857-8200
Attorney(s) for: Plaintiff
Service ofa copy ofthe within is hereby admitted.
Dated,
by:
Attorney(s) for:
PLEASE TAKE NOTICE
NOTICE OF Court on
ENTRY
that the within is a true copy ofa entered in the office ofthe clerk ofthe within named
that an Order ofwhich the within is a true copy will be presentedfor settlement to the Han.
one ofthejudges ofthe within named Court, at
NOTICE OF
SETTLEMENT
Dated:
on , at 9:30a.m.
LAW OFFICES OF DANIEL J. TUCKER
ATTORNEY FOR PLAINTIFF
One MetroTech Center, 7'h Floor
Brooklyn, New York 11201
(212) 857-8200